
mmm, 




History of Mississippi 



CIVIL GOVERNMENT. 



COMPILED AND ARRANGED FOR THE USE OF THE PUBLIC SCHOOLS 

OF MISSISSIPPI. 



BY / 

MARY V. DUVAL, 

Author of Student's History of Mississippi. 




With an Appendix Containing the Constitution of Mississippi, 
Adopted November i, 1890. 



3^ ' 



IvOUISVILIvE, KY. 
Courier-Journal Job Printing Company. 

I8Q2. 



*■ I 






COPYRIGHTED, 1892. 






ILLUSTRATED, PRINTED AND BOUND BY THE 
COURIER-JOURNAL JOB PRINTING COMPANY, LOUISVILLE, 



TABLE OF CONTENTS. 



INTRODUCTORY. 

PAGE. 

CHAPTER I. — 1538. — De Soto and his men — Discovery of the 

Mississippi river — Death of De Soto — Settlement at Biloxi • 3 

CHAPTER II. — 1700-1718. — Iberville and Tonti among the Indians 
— War between the Choctaws and Chickasaws — Death of 
Iberville — Colony transferred to Crozat — Slave trade inaug- 
urated 11 

CHAPTER III.— 1718-1732. — War with the Chickasaws — Missis- 
sippi bubble — Second Natchez war — Massacre of the French 
at Fort Rosalie — Defeat and flight of the Natchez 19 

CHAPTER I V. — 1732-1780. — Bienville recalled — Expedition against 
the Chickasaws — Defeat of Bienville — Second expedition 
against the Chickasaws — Louisiana presented to the King 
of Spain — Colony passes into the hands of the English — 
Hostilities between the Spanish and British 28 

CHAPTER V. — 1781-1795. — Natchez and the surrounding country^ 
— Trouble between the British sympathizers and the Span- 
iards — Slavery introduced into the French colonies — Bourbon 
county ; acts of the Georgia Legislature 36 

CHAPTER VI. — 1 795-1 798. — Boundary commissioners — Guion's-'' 
descent of the Mississippi river— Creation of Mississippi -' 
Territory 42 

CHAPTER VII.— 1798-1802.— Winthrop Sargent— Territorial rep- 
resentatives — Governor Claiborne . 46 

CHAPTER VIII. — i 802-1804.— Georgia's cession to the United 

States — Treaty with the Indians 51 

CHAPTER IX. — 1804-1809. — Sixteenth section — Burr's secret expe- 
dition—Pioneer life in Mississippi 55 

CHAPTER X. — 1809-1813. — David Holmes, Governor — Trouble 
with the Spaniards — Battle of Burnt Corn Creek — Massa- 
cre at Fort Mims 60 

CHAPTER XL — 1813-1817. — The Creek war— Division of the 
territory and formation of State government— Physical 
features 66 



viii TABLE OF CONTENTS. 

PAGE. 

CHAPTER XII. — 1817-1819. — First Constitutional Convention- 
David Holmes, the first Governor of the State — George 
Poindexter, the second Governor of the State 72 

CHAPTER XIII.—1820-1821.— Treaty with the Choctaws— Educa- 
tion — Seat of government 77 

CHAPTER XIV.— 1821-1825.— Natchez and Vicksburg— Walter 

Leake, Governor — David Holmes — Indian titles 82 

CHAPTER XV.— 1825-1829.— Gerard Brandon— Grand Council of 

the Chickasaws — Indian chaiacteristics 89 

CHAPTER XVI.— 1829-1831.— Internal improvement — Treaty of 

Dancing Rabbit Creek— Treaty with the Chickasaws ... 93 

CHAPTER XVII.— 1831-33-35.— Robert J. Walker, A. M. Scott- 
Death of Governor Holmes — Removal of funds from United 
States Bank 103 

CHAPTER XVIII— 1833-1836.— Leasing of the sixteenth section— 
The Revised Constitution — Organization of counties from 
Chickasaw cession 108 

CHAPTER XIX.— 1837-1839. — Governor McNutt— Prentiss and 

Word — " Flush times" in Mississippi — McNutt re-elected - 113 

CHAPTER XX.— 1839-1845.— Albert G. Brown and Jacob Thomp- 
son elected to Congress — Location of State University — 
Governor Tucker's election — Beginning of the public career 
of Jefferson Davis 119 

CHAPTER XXI.— 184 5-1848.— War with Mexico — Gallantry of 
Mississippi troops — Earl Van Dorn — Treaty of peace with 
Mexico 126 

CHAPTER XXII.— 1848-1850. — Chickasaw school lands— Gov- 
ernor Quitman — Material prosperity of 1850 133 

CHAPTER XXIII.— 1850-1852 — Arrest of Governor Quitman ; his 

resignation — Davis and Foote — John J. McRae 140 

CHAPTER XXIV.— 1852-1856.— The slavery question— Governor 

McRae renominated 145 

CHAPTER XXV.— 1857-1858.— McWillie elected Governor— La- 
mar's maiden speech in the House of Representatives — 
Jacob Thompson in Buchanan's Cabinet 150 

CHAPTER XXVI.— 1859-1860 — Death of ex-Governor Quitman— 
Nomination of Pettus, the "war Governor" — National 
Democratic Convention at Charleston 155 



TABLE OF CONTENTS. j x 

PAGE. 

CHAPTER XXVII — i86o.-Formation of the Constitutional Union 
party ; Richmond and Baltimore Conventions — Republican 
party at Chicago — Secession Convention in Jackson . . -159 

CHAPTER XXVIII. — 1861. — Commissioners sent to the Legisla- 
tures of the different Southern States — Jefferson Davis, 
Major-General of State troops — Organization of Confeder- 
ate Government — Fall of Fort Sumter 163 

CHAPTER XXIX.—1861. — Removal of seat of Confederacy to 
Richmond— Battle of Manassas ; death of Colonel Burt— 
Re-election of Pettus— Patriotism in State University ... 167 

CHAPTER XXX.— 1862. —First great reverse to Confederacy- 
Battle of Shiloh— " Ram " Arkansas 173 

CHAPTER XXXI.— 1862.— Brilliant cavalry exploit of Van Dorn 
— Burning of cotton by Confederates — Siege of Vicksburg — 
Occupation of Jackson by Federals — Battle of Baker's 
Creek — Fall of Vicksburg and Port Hudson 177 

CHAPTER XXXII.— 1863.— Governor Clarke— Legislature in Col- 
umbus — Resolutions endorsing President Davis 188 

CHAPTER XXXIIL— 1864— A dying Confederacy— Gen. Stephen 
D. Lee, Major-General Walthall — Lee's retreat to Appomat- 
tox — Lee's surrender — Johnston's and Taylor's surrender . 193 

CHAPTER XXXIV.— 1865.— Arrest of Governor Clarke— Martial 
law in Mississippi ; Governor Sharkey's appointment — 
Election of Humphreys — The Fourteenth and Fifteenth 
Amendments ; the Military Reconstruction Law — Constitu- 
tional Convention 204 

CHAPTER XXXV .— 1868.— Re-election of Governor Humphreys- 
Removal of Humphreys and appointment of Ames — Election 
of 1869 — Governor Alcorn — State Schools 212 

CHAPTER XXXVI.—1871. — Governor Alcorn in United States 

Senate ; Governor Powers — Ames and his colleagues • • . 219 

CHAPTER XXX VI I. — 1875.— General Convention of Tax-payers 
— Democratic Conservative party — Meeting of Legislature 
of 1876 — Impeachment of Ames — Resignation of Ames ■ ■ • 222 

CHAPTER XXXVIII .— 1876.— Governor Stone— Centennial Exhi- 
bition — General J. R. Chalmers — Legislature of 1877 — La- 
mar elected to the United States Senate 228 

CHAPTER XXXIX.— 1880.— Agricultural and Mechanical College 
— Public Schools — General George in the United States 



x TABLE OF CONTENTS. 

PAGE. 

Senate — Nomination of General Lowry — Assassination of 
Garfield — Overflow of Mississippi river — State University 
opened to women 235 

CHAPTER XL.— 1884.— Bill for establishment of Industrial Insti- 
tute and College 242 

CHAPTER X L I. —1 884-1 885.— National Democratic Convention- 
Cotton Exposition at New Orleans — General Walthall— 
Platform of the Democratic Conservative party — Opening 
of the Industrial Institute and College 246 

CHAPTER XLII.—1886-1887.— Legislature of 1886— Local Option 
Law— W. C. T. U., of Mississippi— Public School System— 
The President's Southern Tour — Death of Judge Ellet — 
Farewell of Jefferson Davis 252 

CHAPTER XLIII— 1888-1890 — Farmers' Alliance— National Presi- 
dential Election — Death of Jefferson Davis — John M. Stone 
elected Governor 258 

CHAPTER XLIV.— 1890.— Geographical outline 263 

CHAPTER XLV— 1890-1892.— Population of Mississippi— Position 
of the State — Some provisions of the Constitution of 1868 — 

Educational 2 ^8 

CHAPTER XL VI.— 1890-1892. — New Constitution — Statistics- 
Representatives in Congress 273 

CHAPTER XL VI I.— Cities and towns of M.issississi— List of 

Governors— Table of Counties • 279 



INTRODUCTORY. 



To the Teachers and Patrons of the Public Schools of Mississippi : 

The Legislature of the State of Mississippi, session of 
1892, having made the use of text-books on the History 
of Mississippi and Civil Government compulsory in the 
public schools of the State, this book, comprising the two 
studies, has been carefully prepared to meet the popular 
demand. 

After many years' experience as a teacher in the public 
schools of the State, and as author of the " Students' 
History of Mississippi," the wisdom of the Legislature in 
making the above requirement is fully impressed on my 
mind. I claim that the new work, " The History of Missis- 
sippi and Civil Government," has many points of superiority 
over the old ; and with the hope that the same may be recog- 
nized by my fellow-teachers and friends, I confidently submit 

it to their consideration. 

Mary V. Duval. 

SARDIS, MISS., August, 1892. 



INTRODUCTORY TO FIRST EDITION. 



On reviewing the " Student's History of Mississippi," I find the 
narrative entertaining from first to last, and replete with just such 
facts as should be presented to every child in the State. 

Such a work will be invaluable in training our children to become 
patriotic citizens. 

The merits of the work ought to commend it to general favor. 

J. R. PRESTON, 

Superintendent of Public Education, State of {Mississippi. 



I have examined the "Student's History of Mississippi," and 
endorse it without qualification. We can no longer trust the his- 
tory of our State to tradition. We must have authentic records if 
we wish to hand down to our children, unimpaired, the lives and 
labors of those who founded and sustained our great Commonwealth. 
This History has been carefully prepared from the most reliable sources, 
and merits a hearty recognition from the people of Mississippi. It has 
been adopted as a Text-Book by the public schools of Panola county, 
and I earnestly recommend its adoption into the schools of all other 

counties of the State. 

J. A. RAINWATER, 

Superintendent of Public Education, Panola county, {Mississippi. 



HISTORY 



OF 



Mississippi and Giiril Government, 



CHAPTER I. 

i. That vast region of country, known now as the " Mis- 
sissippi Valley," was for ages unknown to any save its 
aboriginal inhabitants, and silence deep and profound, so far 
as civilized men are concerned, brooded over a region now 
the fairest, most populous and most fertile, perhaps, in 
America. 

2. In 1538, Hernando De Soto, a brave but bigoted Span- 
ish soldier, who had assisted Pizarro in his conquest of Peru, 
received from the Court of Spain a commission authorizing 
him to invade Florida, a Spanish possession in the New 
World. 

The name " Florida " had been given to a vast and almost 
unexplored region in the south-eastern portion of North 
America by Juan Ponce de Leon, an enthusiastic discoverer, 
likewise in the service of Spain. 

Ponce de Leon, whose name will be forever linked with 
that of the " Flowery Land," first set foot on the shores of 
that beautiful peninsular in 15 12, near the spot where St. 
Augustine, the oldest and most historic town in the United 
States, now stands. 

In 1 512, he commenced his famous search through the 

(3) 



4 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

interior for the " Fountain of Eternal Youth." His invasion 
of their country was resented by the Indians, who surprised 
him while encamped in a swamp, killed most of his men 
and routed the remainder. De Leon, himself mortally 
wounded, was carried to Cuba by a few faithful soldiers, 
where he died in 1521. 

3. De Soto's force consisted of nine hundred and fifty 
men. With these he landed at Tampa Bay in May, 1539, 
much tojthe astonishment of the natives, who flocked to the 
shell-covered beach to witness the disembarkation. The 
mail-clad knights, the cross-bow men, and the ponderous 
artillery excited their deepest wonder and reverence, and the 
intrepid DeSoto found very little difficulty in subduing them 
entirely to his own ends. 

One of the methods used by him was to persuade the 
ignorant and superstitious savages that he and his followers 
were the "Children of the Sun," and, as such, entitled to 
their profound reverence, 

Turning first to the north, then to the west, De Soto 
traveled through Georgia and entered Alabama. Where 
Mobile now stands a battle between the Spaniards and 
Indians was fought, the natives having by this time discov- 
ered the true character of the invaders of their soil. 

The thirst of the Spaniards for blood and gold seemed insa- 
tiable, and the sad story of Peru under Pizarro, and of 
Mexico under Cortez, was repeated on the soil of the Gulf 
States of America. The natives were, of course, ill-fitted to 
contend with the iron-hearted, steel-clad followers of DeSoto, 
but, fighting as they did with the energy of despair, turned 
many of the Spanish victories into scenes of mourning for 
the dead and dying, with whom the battle-fields were strewn. 

4. A dreadful battle between the Spaniards and natives 
was fought on the banks of the "Black Warrior," after 
which DeSoto left the limits of the present State of Alabama, 
and entered what is now Mississippi, probably crossing the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 6 

Tombigbee river at the identical spot where the beautiful 
city of Columbus now stands. 

The country was densely populated with Indians, who 
were much more friendly and hospitable toward De Soto than 
those nearer the seacoast had been. Bitterly did they 
repent their extended hospitality and welcome. 

5. De Soto passed the greater part of the winter of 1540 
with the Chickasaws, another friendly though brave and 
warlike tribe. On making preparations for departure in the 
spring of 1 541, he requited their hospitality by demanding 
of their chief a large number of men to transport his bag- 
gage and stores. Indignant at this demand upon him for 
servile labor, as well as at the proof of ingratitude shown 
him, the haughty Chickasaw made a furious night-attack 
upon De Soto's camp, surprising his troops with showers of 
blazing arrows which quickly enveloped their quarters in 
flames. Recovering quickly from their surprise, however, 
the trained bands of De Soto, with their captain in front, 
fought their way out of the burning camp, though forced to 
leave their baggage and a large number of hogs and horses 
to perish in the flames. Some of the bravest of the foreign- 
ers fell in the conflict, while the loss of the poor betrayed 
natives was very heavy indeed. 

6. De Soto never recovered from this attack of the Indians. 
His force was greatly reduced in number, his supplies were 
cut off, and his followers greatly discouraged by the com- 
bined attacks of sickness and the natives. His next course 
was in a north-westerly direction, and in May, 1541, the 
discovery which has immortalized his name was made. 

Standing on the Chickasaw Bluff, where the city of Mem- 
phis, Tennessee, now stands, he and his proud, though worn 
and wearied followers, gazed in silent admiration at the 
tawny waters of the great river rolling below. Inquiring of 
the Indians, who gazed in equal surprise and admiration at 
their pale-faced visitors, the name of the majestic river, they 



6 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

were told that it was the " Mazzezeppe," which in their 
language meant " Father of Waters." De Soto called it the 
Mississippi, and thus our grand inland stream was christened. 

7. De Soto died May 21, 1542, in a rude encampment on 
the banks of the great river he had been the first white man 
to gaze upon. To prevent his body falling into the hands 
of the Indians, his men carried it at night to the middle of 
the river, and loading it with stones, deposited it beneath 
the waters of the Mississippi. Only a few of De Soto's band 
survived to reach Cuba. Their great leader gone, they 
quarreled among themselves, broke up into small bands, and 
most of them perished miserably by sickness or by the 
attacks of the Indians. 

8. Not until one hundred and thirty-one years had passed 
from the time of De Soto's lonely midnight burial did the foot 
of European press the wilderness that extended down on 
either side to the banks of the Mississippi. In 1673, Mar- 
quette, a devoted missionary of the order of Jesuits, and 
Joliet, an enterprising trader, descended the river from the 
mouth of the Wisconsin to the mouth of the Arkansas. 
Five years afterward, the courtly de La Salle, who has been 
named the " Prince of Explorers," projected his voyage 
down the great inland stream. La Salle, like Marquette 
and Joliet, was a native of France, and was therefore com- 
pelled, before making this voyage, to return to the mother 
country for official sanction. On his return to America he 
brought with him Chevalier de Tonti, a one-armed veteran, 
the most romantic figure in all our history, whose devotion 
and fidelity to Robert de La Salle reads like a chapter out of 
some classic legend. From Canada, where the French 
Catholics had already obtained a strong foothold, the two 
friends were accompanied by Father Zenobia, a devout 
Jesuit, the three together making the long and perilous de- 
scent to the mouth of the Mississippi river. 

9. La Salle found that the Indian tribes along the banks 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 7 

of the Lower Mississippi were all sun worshipers. He was 
greatly interested in their evangelization, and Father Zen- 
obia labored zealously to convert them to the religion of the 
Cross. The effect of the patient teachings of these devoted 
missionaries still lingers among the half-breeds that are scat- 
tered along the lower coast regions and around the mouth of 
the Mississippi. 

After visiting this region, known now as the " Delta," 
both La Salle and Father Zenobia returned to France to 
report the results of the expedition. The Chevalier de Tonti 
remained in America, having been placed in command of 
Fort St. Louis, one of the most important of the French posts 
on the Illinois. 

io. La Salle returned to America in 1685 for the purpose 
of planting a colony on the Mississippi. Provided with two 
ships, the" Joli " and the " Amiable," the brig La Belle and 
the ketch St. Francis, he set out with a colony of two hun- 
dred and fifty loyal French to occupy the country he had 
explored for his beloved France. One of the vessels, being 
a slow sailer, was captured by the Spaniards. The remain- 
ing vessels safely entered the Gulf of Mexico, and steering 
to the north-west, reached the coast some distance to the 
west of their intended destination. An exploring party was 
sent on land, journeyed along the coast and at last found a 
harbor where ships could anchor in safety. Two of the 
vessels entered the harbor, but the third struck a sand-bar 
and soon went to pieces. The bay entered by La Salle is 
now known as Matagorda. 

After the colonists had landed, La Salle thinking them 
safely provided for, left them for the purpose of seeking the 
far-away French forts on the Illinois. The first expedition 
was unsuccessful, and he returned to find the colonists in an 
almost desperate condition, having been rendered so by the 
desertion of Beaujeu with the ship Joli and all the provisions 
she carried on board. The La Belle had also been wrecked 



8 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

during his absence, and the forlorn colonists ascended a river 
upon the banks of which were innumerable buffalo. Mis- 
taking these for cattle, they named the river Les. Caches, 
landed and built Fort St. Louis, 1686. 

11. Undeterred by this strange chapter of misfortunes, 
La Salle endeavored to comfort the disheartened colonists 
and a second time set out to find rescue from the Illinois 
posts for their despairing countrymen. It is melancholy to 
relate that while on this mission of mercy the " Prince of 
Explorers " was treacherously murdered by one of his own 
followers, having been shot in the back in revenge for some 
real or fancied wrong. 

12. In 1699, the attempt to plant a French colony near 
the mouth of the Mississippi was successfully made by 
De Iberville, a gallant soldier who had distinguished himself 
in the wars between France and Great Britain. With sev- 
eral vessels placed under his command by the Government 
of France, Iberville, after a fair voyage across the Atlantic, 
anchored on the 1st of February, 1699, m the beautiful and 
commodious harbor of Ship Island. 

Accompanied by a strong force, Iberville left his ships and 
proceeded to explore the surrounding country in the hope of 
finding a suitable place for a settlement. With two of their 
ships' boats and some canoes obtained from the wondering 
Indians, they entered the Mississippi river March 2, 1699. 
The Indians proved to be kind and hospitable, and the 
French pursued the invariable policy practiced by their gov- 
ernment of returning their kindness by conciliation and 
respect. Some of the presents given the chiefs by La Salle 
and Tonti were proudly exhibited to Iberville and his 
followers. 

13. The beautiful land-locked bay of Biloxi, north of Ship 
Island, was chosen by De Iberville as the most suitable place 
for the building of his fort and the establishment of his 
colony. A fort was built of wood and was mounted with 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 9 

fifty-four pieces of cannon. While the men were engaged 
in its erection they were visited by large numbers of Indians 
from the various tribes of the surrounding country. 

These tribes, the true aborigines of our great State, were 
known as the Chickasaws, Choctaws, Biloxis, Pensacolas, 
and Pascagoulas. They smoked the pipe of peace with 
Iberville's men and entertained them with their war-songs 
and dances. Iberville returned to France in the summer of 
1699 for the purpose of making his report to the Government 
and of obtaining supplies and re-enforcements for his colony 
at Biloxi. His brothers, Sauvolle and Bienville, were left in 
charge of the settlement during his absence. 

14. Soon after the arrival of the French at Biloxi they 
were visited by two Catholic priests, Fathers Davion and 
Martigny, who were laboring as missionaries among the 
Indians in this portion of the country. After remaining 
among their countrymen for ten days, they returned to the 
service to which their lives had been consecrated. De Iber- 
ville reached Biloxi on his second visit December 7, 1699. 
He brought two ship-loads of stores for the colonists and 
sixty Canadian laborers. During his absence an English 
vessel had been seen reconnoitering the Lower Mississippi, 
presumably for the purpose of making settlements, and it 
was decided, immediately after his return, that it would be 
prudent to erect another fort for the protection of the inter- 
ests of the French. This fort, which was built on a point 
of land secure from overflow, was commenced early in 1700. 
It stood about fifty miles above the Passes. 



QUESTIONS ON CHAPTER I. 

What region is known as the Mississipi Valley? Who were its 
original inhabitants? Who was De Soto? What commission did he 
receive from the Court of Spain? By whom was Florida discovered 
and when ? What did De Soto expect to find ? Why did the natives 



10 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

become hostile to the Spaniards ? Give the circumstances of De Leon's 
death ? When, where, and with what force did De Soto land in Florida? 
What methods did he take to subdue the Indians? Describe the route 
followed by De Soto after leaving Tampa. What great battle was 
fought between the Spaniards and Indians? Describe De Soto's route 
after leaving Alabama. How was he received by the Indians who then 
inhabited Mississippi ? With what tribe did he pass the winter ? How 
did he requite their kindness ? Describe the night-attack upon De Soto's 
camp. Describe the route pursued by the Spaniards after this battle. 
What discovery has immortalized De Soto's name ? Describe the death 
and burial of De Soto. What became of his followers ? How long after 
De Soto's death before Marquette and Joliet descended the Mississippi ? 
Give an account of La Salle's explorations. WhowasTonti? Who 
was Zenobia? In what were all these explorers greatly interested? 
Whither did La Salle and Zenobia return after having reached the mouth 
of the Mississippi ? With what expedition did La Salle return to 
America? Upon what coast were they thrown? Describe the faith- 
lessness of Beaujeu. For what distant point did La Salle depart? 
Describe his murder. When and by whom was the first settlement in 
Mississippi made? Describe the landing and explorations of Iberville 
and his men. What spot was chosen for the building of the fort and 
the establishment of the colony ? Name some of the aboriginal tribes 
of Mississippi. What two missionaries visited the early colonists? 
What ruse did Bienville practice upon an English captain ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. \\ 



CHAPTER II. 

1700-1718. 

IBERVILLE AND TONTI AMONG THE INDIANS. 

i. In February, 1700^ Iberville and his colonists received 
a visit from the veteran Tonti, the friend and companion of 
La Salle, who had remained at Fort St. Louis on the Illinois, 
while his friend and companion was struggling with the dif- 
ficulties that beset his path in the far south-west. He was 
induced to remain with the colony, and his quaint residence 
is still shown among the antique houses of Biloxi-on-the-Bay. 
He had always exercised great influence over the Indians 
with whom he had been associated, and soon after his arri- 
val in the colony accompanied the brothers, Iberville and 
Bienville, on a visit to the Natchez, a powerful tribe whose 
villages occupied a beautiful situation on the east bank of the 
Mississippi. Their chief peculiarity was their worship of the 
sun — their chief being known and idolized as the Great Sun. 

2. Iberville and his companions were so much pleased 
with the location of the Indian villages and the appearance 
of the surrounding country that they decided to lay out a 
town and build quarters for a garrison there. The present 
city of Natchez stands on the spot selected. It was then 
called Fort Rosalie, in honor of the beautiful Countess Pont- 
chartrain, wife of the Minister of France at that time. The 
" Great Sun" of the Natchez received his visitors with 
savage pomp and ceremony, delighting in exhibiting to them 
the number of trained warriors at his command, also a great 
number of naked, grinning skulls heaped in the Temple of 
the Sun, the remains of human victims sacrificed to the great 
king of day. After leaving the villages of the Natchez, Iber- 
ville and his friend visited other tribes in the vicinity, and 



12 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

were received with great kindness by all. Soon after their 
return to Biloxi, Iberville sailed for France again, leaving 
his brothers, Sauvolle and Bienville, in command of the 
settlements on the coast and river. 

3. During the first few years after the settlement of the 
French at Biloxi, the colonists experienced all the hardships 
and privations of pioneer life. The calamities usually attend- 
ing such life — sickness and want of *food — were experienced 
in all their severity. Depending entirely upon the mother- 
country for supplies, the settlers took no steps at first toward 
the cultivation of the fruitful soil around them. Governor 
Sauvolle died August 22, 1701, and was succeeded in com- 
mand by Bienville. 

In December the latter received orders from France to 
evacuate the fort at Biloxi, and remove to a point on Mobile 
river, where supplies from France had already been 
deposited. Fort St. Louis, built by Bienville at this point, 
was for nine years the official center of the colony. After 
that time, the site of the present city of Mobile was selected 
and the fort removed thither. 

4. In 1702-3 the colonists suffered great uneasiness on 
account of the hostility of some of the Indian tribes. A party 
of the colonists sent by Bienville to buy corn of the natives, 
during a time of great scarcity, was murdered in cold blood, 
and the whole colony called upon Bienville to avenge the 
outrage. 

He did so by raising a force of volunteers among his own 
men, and employing the services of a friendly tribe against 
his and their own enemy. 

In 1704 the sufferings of the colonists were relieved by the 
arrival of a ship from France, bringing over large stores of 
provisions and a detachment of soldiers to protect the settlers 
from the outrages of the Indians. The home-sick and hungry 
settlers welcomed the arrival of this vessel with every 
demonstration of joy. The presence of soldiers in the colony 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 13 

especially tended to relieve their fears in regard to Indian 
outbreaks and other dangers incidental to pioneer life. 
Several priests and Sisters of Charity of the Roman church, 
and a number of young girls known as ''casket girls," came 
over on this voyage. These girls were destined to be the 
future wives of the brave young colonists, and were so 
called because the Government provided them with a bridal 
outfit and a trunk to carry it in. Several families of laborers 
also came over on this voyage, and the arrival of this ship 
was considered by the colonists as a new era in their history. 
The birth of the first white child in the colony occurred in 1705. 

5. About this time war was declared between the Chicka- 
saws and Choctaws, two of the bravest and most influential 
tribes of the South-west. The Choctaws were allies of the 
French, and the Chickasaws, on this account, became deadly 
enemies of Bienville and his hardy band of settlers. The 
colonists suffered greatly from the hostility that subsisted 
between the two tribes. War had been declared between 
England and France, and the Chickasaws were incited to 
renewed enmity against the French by unprincipled English- 
men, through motives of policy. 

6. Much depression was felt in the colony during the 
years 1706-7, not only on account of the frequent Indian out- 
rages, but from internal dissensions. The strong rule of 
Bienville provoked discontent among his subordinates, and 
reports reflecting on his management were not only circu- 
lated in the colony, but sent to the home government. In 
1707 the settlements on the Mississippi sustained a great loss 
in the death of Iberville. He died of yellow fever July 9, 
1706, while on his way to America from France. 

He was, in truth, worthy of the name bestowed on him 
by the settlers, that of " Father of the Colony." The 
exposure which had cut off many — famine, Indian hostilities, 
the opposition and apathy of the home government — 
nothing discouraged his great soul. His energies never 



14 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

drooped and his faith in the future of the colonies never 
wavered. But for the forts built at Biloxi and Mobile all the 
French settlements must have been swept off by the hostile 
Indians, and but for his indefatigable exertion and his sys- 
tem of supplies and re-enforcements for the colony the 
whole body of settlers must have perished from famine. 

7. During the lifetime of Iberville a fort and supply-sta- 
tion had been built on Dauphine Island. In 1708 an English 
war vessel destroyed and carried off the greater part of the 
supplies, and soon afterward it was decided to remove the 
fort to a point higher up and more secure from overflow. 

In 1708 the home government appointed a commission to 
inquire into the charges made against Bienville by his 
enemies in the colony and in France. During the interval 
from the time the charges were made and his triumphant 
acquittal, De Muys was appointed to occupy the place of 
governor, but died of yellow fever while on his way to the 
colonies on the Mississippi. Bienville was re-instated in office, 
the charges against him having been pronounced " false and 
malicious." 

8. Owing to a scarcity of labor in the colony no effort 
had, as yet, been made toward the cultivation of the soil, 
though Bienville had always insisted that the colonists 
could be made self-supporting. In 1709 the home govern- 
ment recommended a plan for the importation of slaves from 
Africa, but it was not adopted. In i7iothe French Govern- 
ment, which, since the death of Iberville, had derived but 
little profit from the colony, made a grant of its possessions, 
including the whole of Louisiana from the sea to the Illinois, 
to Anthony Crozat, a rich merchant of France. He was to 
have exclusive control of the French possessions for a term 
of fifteen years. One of the stipulations made by Crozat 
to the French king was that he was to have sent annually 
from Africa to the colony a cargo of negro slaves, and 
from France two ship-loads of immigrants. In 1712 the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 15 

number of persons in the colony had increased to about five 
hundred, of whom about fifty were white women and 
children. 

9. A new Governor and Board of Directors for the colony 
were appointed soon after the transfer of Louisiana to Crozat. 
The Governor, a French officer named Cadillac, opposed 
systematically all the plans of Bienville and his brothers. 
Soon after his arrival in the colony the official residence, 
which had been established in Mobile by Iberville, was 
changed to Biloxi, on a bay of the same name, now one of 
the most noted health resorts of the entire gulf coast. The 
old fort that had been built by Iberville with such care had 
been burned down and a new one was built directly fronting 
Ship Island, at what was afterward called New Biloxi. This 
beautiful town, now containing many thousands of inhabi- 
tants, still retains many of its primitive French features, 
and a large number of its inhabitants are still typical French 
Catholics. Bienville still retained his commission as lieu- 
tenant of the king's army, and, in spite of the obstacles 
thrown in his way by the Governor and his party, continued 
to labor for the good of the colony. 

10. In 1716, the Natchez Indians made war upon the 
French settlers, robbing and murdering whenever an oppor- 
tunity offered. Bienville, with a small detachment of soldiers 
and marines, succeeded, by a well-devised plan, in obtaining 
possession of the persons of the principal chiefs among the 
Natchez, the " Great Sun " himself being one of the number. 

Before promising their release, he demanded the lives of 
those who had been chiefly instrumental in the murder of 
his countrymen. 

He also demanded compensation for the robberies com- 
mitted by the Indians, and exacted a tribute of a given 
amount of timber to be used in the construction of a fort at 
their village on the river, where Crozat had already estab- 
lished a trading-post, 



16 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ii. The Natchez chiefs, in order to preserve their lives 
and liberty, were glad to accept the terms of Bienville, and 
peace was concluded after the offenders had been put to 
death. The Indians assisted in building the fort, which was 
of durable materials and surrounded by a deep ditch and 
earthworks. In honor of the wife of one of the French Min- 
isters, it was named " Fort Rosalie." Soon after the termi- 
nation of the " First War with the Natchez," Cadillac was 
removed from the government of the colony and L. Epinay 
appointed in his place. Pending the arrival of the new 
governor, Bienville was to administer the affairs of the 
colony. L. Epinay was accompanied, on his arrival, by 
three companies of soldiers, a number of laborers and large 
quantities of supplies for the colonists. 

12. In 1 71 7, Crozat surrendered his charter to the king of 
France, being unable any longer to comply with the terms 
of the bargain made in 1710. The famous Western or India 
Company, known also as the " Mississippi Scheme," or 
"Bubble," of which John Law was director, was chartered 
in September, 171 7, and Bienville re-instated as governor 
of the colony. The terms of the charter granted to this 
company extraordinary privileges for a period of twenty-five 
years. The African slave-trade was immediately inaugu- 
rated, the company binding itself to introduce three thou- 
sand Africans into its possessions. Large numbers of emi- 
grants were also sent over, large grants of lands were made 
and numerous plantations opened. Pascagoula, an old 
Indian village, was selected as a home by sixty emigrants 
from France. A beautiful legend hangs about this attractive 
spot on the shores of our gulf. 

A gentle tribe of Indians, known as the Pascagoulas, had 
been almost exterminated by the combined attacks of the 
white men and their fiery enemies of their own color. Pre- 
ferring death by their own acts rather than captivity to either 
foe, a small remnant of the band — all that was left — ranged 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 17 

themselves along the shores of the Gulf of Mexico and hand- 
in-hand marched, one moon-light night, into the raging 
waters, singing as they went to meet death the ancient war- 
song of the Pascagoulas. The legend says that until this 
time, on moon-light nights, still may be heard the low, sad 
song of the tribe beneath the waves, whose murmur is, 
" Pascagoula ! Pascagoula ! " 



QUESTIONS ON CHAPTER II. 

Who visited Biloxi in 1700? Describe the Natchez Indians — their 
worship. What fort was erected on the present site of Natchez ? How 
were Iberville and Tonti received by the " Great Sun? " What hard- 
ships did the early settlers of Mississippi undergo ? When did Sauvolle 
die, and by whom was he succeeded as governor? To what point was 
the fort removed from Biloxi ? How long afterward before Mobile was 
founded ? What caused great uneasiness among the colonists in 
1702-3"? What Indian outrage was Bienville called upon to avenge? 
How were the sufferings of the colonists relieved in 1704 ? What class 
of religionists came over in this vessel? Who were the " casket 
girls?" When was the first white child born in the colony? What 
two tribes of Indians declared war against each other about this time? 
What tribe became an ally of the French; of the English? What 
caused internal dissensions among the colonists? When did the death 
of Iberville occur? What was he fondly styled by the colonists? 
Describe the efforts he made to sustain the colonies amidst the dangers 
by which they were surrounded. Why was it decided to remove the 
fort from Dauphine Island ? What charges were made against Bien- 
ville ? Were they sustained ? To whom were the French possessions 
transferred in 1710? What stipulation was made regarding African 
slavery? Population of the colony in 1712? Who was made governor 
of the colony under Crozat? What changes were made in the govern- 
ment of the colony ? To what place was the official residence removed 
from Mobile? Describe Biloxi. What Indian war ensued in 1716? 
How did Bienville punish the Natchez ? What terms were made with 
their chieftains ? Who was appointed governor in the place of Cadil- 
lac? When and why did Crozat surrender his charter to the king of 
France? Tell what you know of the "Mississippi Bubble." Tell of 

the legend of the Pascagoulas. 
2 



18 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER III. 



1718-1732. 

1. In March, 1718, the present site of New Orleans was 
selected by Bienville as the capital of the colony. Some of 

the members of the council were 
in favor of making Natchez the 
capital, but Bienville's influence 
decided the matter in favor of 
New Orleans. If Iberville may 
with justice be styled the " father 
of the colony" at Biloxi, Bien- 
ville may with equal truth and 
justice be styled the "father of 
New Orleans," as he it was who 
laid deep and broad the founda- 
tions of her commercial pros- 
perity. 

2. No braver figure stands out 
in modern history than that of 
Lemoyne Bienville, the tenth of 
eleven brothers, all of whom gave their lives and fortunes 
to the civilization of America. The names of several of the 
brothers are closely identified with the history of Missis- 
sippi, and several of them sleep beneath her sod. Without 
Bienville, however, many a page in our State's history 
would have been a blank. Having assisted his illustrious 
brother, Lemoyne de Iberville, in laying the foundation of 
the colonies on the Lower Mississippi and the Gulf Coast, 
he remained for forty years the central figure in their an- 
nals, brave, sagacious, adventurous, and above all, patriotic. 




BIENVILLE 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 19, 

The welfare of the French possessions was the chief aim of 
his life. 

3. In 1719, the colony was involved in the war between 
France and Spain. Bienville and his brothers burning to 
avenge the wrongs of France, proceeded with a force of 
about two hundred men to Pensacola, where a Spanish gar- 
rison was stationed. The garrison surrendered to them 
without bloodshed, but the place was afterward recovered 
from the French by a body of Spanish soldiers sent from 
Havana for that purpose. 

Bienville, who had returned home, received unexpectedly, 
soon afterward, large re-enforcements from France, and at 
the head of these and his Canadian and Choctaw soldiers, 
he boldly stormed the fort, which, after a stubborn resist- 
ance, was again surrendered to him. 

4. In 1720, the Chickasaw Indians again declared war 
against the colonies. In July, of this year, the first cargo 
of negroes was brought to the colony. Yellow fever was 
also introduced during this summer, having been imported 
from the West Indies. Large numbers of immigrants arrived 
this year, and large tracts of land were opened for cultiva- 
tion. By 1721, the slave trade was fully inaugurated, the 
council fixing the price of slaves. The population of the 
colony by this time had increased to six thousand, of whom 
six hundred were negroes. 

In 1722, a colony of Germans arrived. Their thrift and 
industry soon proved that a valuable accession to the former 
population had been made. They engaged chiefly in agri- 
culture, and soon induced others of their countrymen to 
follow. 

5. The year 1722 saw the bursting of the famous " Mis- 
sissippi Bubble," a scheme which had thrown the whole 
civilized world into confusion, and had reduced princes and 
noblemen from the height of fortune to the depths of poverty. 
Copper money coined in France for the express use of the 



20 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

colonies was sent over this year. Up to this time, some of 
the members of the council had still hoped that Natchez or 
Biloxi might be selected as the permanent seat of govern- 
ment for the colony, but the influence of Bienville decided 
the question, and New Orleans was fixed upon. Pensacola 
was restored to Spain this year. 

6. In 1723, a tornado swept the country, destroying many 
of the public buildings of New Orleans, and doing great 
damage to the crops of the colonists, who, by this time, had 
become convinced of the fact that theirs was an agricultural 
country. 

In 1724, a law establishing the Catholic religion in the 
colony was passed by the home government ; also one ex- 
pelling the Jews from the settlements. 

In 1725, the "Second Natchez War " broke out. This 
proud and jealous tribe — the "Natchez" or "Sun Wor- 
shipers" — had always considered the presence of the white 
man in their midst as an intrusion upon their inalienable 
rights, and only the sight of blood could satisfy their 
revengeful feelings. Upon a very slight pretext, they am- 
bushed themselves near the settlements of the whites, mur- 
dering the inhabitants in cold blood, and driving off the cattle 
and horses of the peaceful settlers. 

The vigilant measures of Bienville alone prevented a gen- 
eral uprising of the tribe, with its numerous allies. Placing 
himself at the head of five hundred chosen men, he invaded 
their territory and attacked them without mercy. Their 
villages were laid in ruins, their crops were destroyed, and 
they were compelled to sue for peace. It was granted only 
on condition that one of their chiefs, who had been active in 
the insurrection, should be put to death. 

7. After the termination of this war, Bienville sailed for 
France. Although he had performed so many signal acts of 
service for his country directly, and for her indirectly, 
through his loved colonies, the attacks of his enemies became 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 21 

so malevolent that it became necessary for him to return again 
to France to disprove the charges brought against him, and 
thus vindicate his official character. His enemies, however, 
triumphed for a time, and the brave Bienville, who, since 
the death of his gifted brother, had managed successfully the 
affairs of State, was forced to retire for awhile to private 
life. 

It mattered little to his enemies at the corrupt Court of 
France or among the' canebrakes that lined the mighty Mis- 
sissippi, that he had performed such prodigies of valor and 
usefulness for his beloved colonies. 

He had explored the gulf, the main body of the great river 
which pours its volumes of water into that gulf ; had, with 
his light prirogue, ventured into all the dark lagoons, bayous 
and lakes that form such a net-work near the mouth of the 
Mississippi ; had conciliated the savages by diplomacy or 
conquered them by his sword ; had established numerous 
ports, and opened by them regular channels of inter-commu- 
nication ; had constantly, but in vain, recommended the 
cultivation of indigo, sugar-cane, maize and cotton as the 
basis of colonial prosperity ; but all of this counted for noth- 
ing against the gay and giddy courtiers whose malicious 
charges were too eagerly listened to by the Government of 
France. He was received at court with great coolness, and 
was soon notified that his country needed his services no 
longer. Conscious of his own innocence and of the swift 
approach of a time when his arm alone could save the colo- 
nies, Bienville retired again to the shades of private life. 

8. On the corner where two narrow streets make an angle 
in the heart of the " Old French Quarter" in New Orleans 
there is still shown the first substantial house built in the 
city of New Orleans. It is constructed of small, old-fash- 
ioned, sun-dried bricks brought for the purpose from across 
the seas — from France, the beloved, but ungrateful, country 
of Lemoyne Bienville. It was in this small, tile-covered, 



22 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

one-storied house that he, while Governor of Louisiana, held 
his private and official residence. There is nothing in the 
appearance of the house to indicate that here one who 
served Louisiana and Mississippi colonies for forty years 
once lived, and it is only on rare occasions that the curious 
stranger is apprised of the character of the quaint old dwell- 
ing. But Bienville's reputation seeks not a " local habitation 
or a name ;" it is the property of all who love the deeds of 
great and daring men. 

9. The absence of the Governor was deeply deplored by 
a large number of the settlers on the Mississippi, who real- 
ized that a time was rapidly approaching when his absence 
would be looked upon as nothing less than a public calamity. 
His successor in the government of the colony was Perier, a 
man well known in the military service of France, who 
reached the Mississippi colonies in 1727. 

The year 1729 is memorable in the annals of the colony 
on account of the bloody massacre of the French settlers at 
Fort Rosalie on the Mississippi, and at Fort St. Peter on the 
Yazoo. The Indians, aware of the absence of that strong 
arm which had so long kept them in subjection, began at 
once plotting for the extermination of all the white settle- 
ments in their midst. 

10. The Chickasaws had long been the open and avowed 
enemies of the French, and the haughty Natchez cherished 
dark visions of revenge for the severe treatment accorded 
them by Bienville. An alliance was formed between these 
two powerful tribes, based on the agreement that the two 
French settlements, Fort Rosalie and Fort St. Peter, were to 
be destroyed by a preconcerted attack. 

A day had been agreed upon by the chiefs of the two 
tribes in which a joint attack upon the French was to be 
made, but the Natchez, burning with revenge, impatient of 
delay and eager for blood and plunder, resolved to strike a 
fatal blow in advance of the appointed time. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 23 

11. On the 29th of November, 1729, a band of the 
Natchez, under the pretext of wishing to purchase ball and 
powder for an extended hunting expedition, treacherously 
introduced themselves into the palisaded walls of Fort 
Rosalie. At the same hour another band entered the vil- 
lage of Natchez, and still a third, with horrid shoutings and 
menacings, invaded the peaceful settlements lying adjacent 
to the town and fort. Never was surprise more complete or 
vengeance more thoroughly satiated. After the party within 
the fort had secured from the unsuspecting garrison all the 
arms and ammunition necessary for the accomplishment of 
their murderous purpose, a signal was given and a general 
massacre was commenced by the three divisions of the 
Indians. The work of destruction was soon accomplished. 
The fiendish butchers spared neither age nor sex as long as 
they remained sober enough to aim the deadly tomahawk 
fairly. A large quantity of liquors was stored within the 
fort, and the savages soon became intoxicated, drinking as 
they did without restraint, and in a short while a large 
number of the painted, hideous savages were lying around 
on the ground within the walls of the fort in a drunken 
stupor. But for this, perhaps, not one would have been 
left alive within the fort. As it was, two white men 
escaped and a large number of frightened, horrified women 
and children huddled together in one room, were reserved 
by the savages for a fate worse than death — slavery. 
The lives of the negroes were spared for the same purpose. 
The slain bodies of men, women and children were thrown 
without the walls and remained there for days a hideous 
sight to the captive survivors within. 

12. On the 1 2th of December of the same year Fort St. 
Peter, on the Yazoo, was attacked by a band of the Yazoo 
Indians, who were confederates of the Natchez, and the 
whole garrison, with the exception of a few women, was 
murdered. The same sickening scenes that attended the 



24 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

slaughter at Fort Rosalie were re-enacted here. News of 
this dreadful massacre was carried to New Orleans by a 
Catholic missionary who, descending the Mississippi in a 
small boat, narrowly escaped death at the hands of the In- 
dians. The whole body of settlements along the Lower 
Mississippi and the Gulf Coast was thrown into the ut- 
most consternation by the dreadful news, and the authorities 
were urged to take immediate vengeance upon the savage 
perpetrators of the cruel and cowardly butcheries. The 
new Governor was inexperienced in Indian warfare, and the 
waters of the Atlantic rolled between the mourning colonies 
and their natural protector, Lemoyne Bienville. The colon- 
ial officials realized the fact that there was no time for delay, 
and that whatever action must be taken in behalf of the 
helpless women and children, prisoners in the hands of the 
Indian captors at Fort Rosalie, must be done quickly. Gov- 
ernor Perier, yielding not only to his own inclinations but to 
the popular demand, at once dispatched two forces, one by 
land, another by water, against the murderous Natchez. A 
general uprising of the Indian tribes was apprehended. New 
Orleans was put in a state of complete defense, militia com- 
panies were organized, volunteers, singly and in companies, 
offered their services to the Governor, and brave and prac- 
ticed scouts were sent to the various settlements to arouse 
the inhabitants to a sense of the danger that menaced them. 

13. The Choctaws were readily enlisted in behalf of the 
French, with whom they had long been allied, and the force 
sent through the country to Natchez by Governor Perier 
was composed principally of these wild warriors of the 
woods. They were led by LeSeur, a Frenchman, who had 
fought under Bienville, and who was well acquainted with 
the mode of Indian warfare. Loubois, another brave and 
experienced French officer, led the river forces. 

14. The Natchez, unconscious of the approach of either 
army, were celebrating their success by a series of drunken 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 25 

revels. On the 27th of January, 1730, they were surprised 
in the midst of their furious orgies by a fierce attack made 
upon them by their old enemies, the Choctaws, under 
LeSeur. Sixty Natchez warriors were killed and the same 
number of white women and children released from their 
cruel bondage. One hundred and fifty negroes were also 
liberated by this attack. 

The Natchez were panic-stricken, and retreated to the 
forts. The guns and ammunition of the murdered garrison 
were appropriated to their own use. 

15. Unfortunately for the entire success of this campaign, 
the land and river forces of the French were each in utter 
ignorance of the presence of the other on the scene of 
action until Loubois had been in front of Natchez for several 
days. 

In these days of perfect concert of action between the 
different commanders in a campaign such an oversight would 
seem to be impossible, but it must have been due to the 
fact that in Indian warfare great secrecy and perfect silence 
must at times be observed. Besides, the camp of the 
Indians lay directly between the two armies, effectually cut- 
ting communication between the commanders. As soon as 
Loubois was apprised of the attack made on the enemy by 
the Choctaws, he effected a landing and joined his forces to 
those of Le Seur on the concession of St. Catharine, not far 
from the fort in which the Natchez had gathered for a stub- 
born resistance. 

16. The French laid regular siege to this fort, having sev- 
eral cannon mounted upon their intrenchments and trained 
to bear directly upon the position of the enemy. Skir- 
mishes between the besieged and besiegers were of frequent 
occurrence, and several parleys were held, but nothing 
definite was accomplished before the 22d of February, when 
the Natchez agreed to surrender the women and children 
still in their hands on condition that the French should with- 



26 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

draw their batteries and cease firing upon the fort. This 
proposal was accepted by the French for the sake of the 
captive women and children, and a truce of five days was 
agreed upon. The batteries were silenced, the women and 
children given up, but the Natchez, availing themselves of 
the cessation of hostilities, evacuated their strongholds, and 
before the French were aware of their design had escaped 
beyond the possibility of pursuit. They doubtless realized 
that no quarter would be shown by the infuriated French- 
men should they fall into their hands. 

After constructing fortifications on the bluff at Natchez 
and stationing a garrison there, the two commanders, Le Seur 
and Loubois, returned to New Orleans, carrying with them 
many of the helpless widows and orphans of Fort Rosalie. 

17. The Natchez Indians, after their midnight retreat from 
Fort Rosalie, crossed the Mississippi, and were never after- 
ward as a tribe known east of its waters. Some members 
of the tribe took refuge with the Chickasaws and became 
identified with their tribal relations. The main body of the 
retreating host halted on the first high ground reached west 
of the river, supposed to be a spot on the Ouachita river, 
Louisiana, about forty miles from Natchez. Here they forti- 
fied themselves so securely as to maintain their position 
until January, 1732, when their retreat was penetrated by 
the French under Perier. In the contest that followed this 
once powerful tribe was well-nigh exterminated. Those 
escaping death or captivity joined themselves to other tribes, 
and the Natchez as a distinct nation ceased to exist. 



QUESTIONS ON CHAPTER III. 

Through whose influence was New Orleans chosen as the capital ? 
Whatof the character of Bienville? Ofhisfamily? What of the capt- 
ure of Pensacola by the French? Its re-capture by the Spaniards? 
Its capture again by Bienville? What tribe declared war against the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 27 

colonies in 1720? For what else is that year memorable? Inaugura- 
tion of the slave trade and population of the colony by 1721. German 
colonists? Bursting of the Mississippi Bubble? What disaster swept 
the country in 1723? Law establishing the Catholic religion? What 
of the " Second Natchez War ? " How did Bienville again become the 
" Saviour of the Colonists? " Why did it become necessary for him 
to return to France? How did his enemies triumph for a time ? Men- 
tion some. of his past services? How was he received at the Court of 
France? Describe the official residence of Bienville still to be seen in 
New Orleans. Who was the successor of Bienville? What was his 
character? For what is the year 1729 memorable in the annals of the 
colony? Between what two warlike tribes of Indians was an alliance 
formed ? Upon what was this alliance based ? Why did the Natchez 
strike before the appointed time? Describe the attack upon Fort 
Rosalie. The butchery of the garrison. Consequence of the drunken 
stupor of the Indians. How many of the garrison escaped? Fate of 
the women and children ? Of the negroes? When was the attack on 
Fort St. Peter made? By what tribe ? How did the news of the mas- 
sacre reach New Orleans ? What were the authorities urged to do ? 
Prompt action of Governor Perier? What was apprehended by the 
people of New Orleans, and how did the authorities prepare to meet the 
danger? What tribe remained faithful to the French? Who led the 
land forces to Fort Rosalie? The river forces ? How were the Natchez 
celebrating their victory over the whites? By what were they sur- 
prised? Tell of the events of the attack. What prevented this cam- 
paign against the Natchez from being an entire success ? Describe the 
siege of the fort, the skirmishing, terms of treaty. The truce. Escape 
of the Natchez. Action of Le Seur and Loubois. Whither did the 
Natchez flee? Their first resting-place ? Attack of Perier and extermi- 
nation of the Natchez as a tribe? 



28 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER IV. 

i 7 32-1 780. 

1. The charter of the colony of Georgia was issued in 
1732, and the greater portion of that year was spent by 
Oglethorpe, the founder, in securing a suitable population 
for his new community. This year brought about important 
changes also for the French colony on the Mississippi. The 
Western Company, which had exercised supreme control 
over it since 171 7, became bankrupt, and the king of France 
was forced to take charge of his own again. In 1735, * ne 
aged Bienville was recalled from his seclusion and again, 
amid the rejoicings of a grateful people, appointed governor- 
general of Louisiana. 

He had lost none of his ambition or military ardor, and he 
resolved at once to take such steps as would free his country- 
men forever from the dread of Indian supremacy. The 
colonists in their turn, inspired by the presence of their 
white-haired leader, prepared themselves to follow him to 
victory or death. 

2. Bienville's first movement was against the Chickasaws, 
who had been implicated with the Natchez in the massacre 
at Fort Rosalie. They had long been deadly enemies, not 
only of the French, but also of their allies, the faithful 
Choctaws. Hoping to crush their pride by a decisive blow, 
Bienville left New Orleans, March 23, 1736, with a large 
force of whites, Indians and negroes. The weather was 
disagreeable, and the road through the prairies to the 
Chickasaw country was of the worst possible nature. The 
Chickasaws occupied a very fine region, their villages being 
scattered over a portion of country from the Cumberland to 
the Mississippi river. The main portion of the tribe was 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 29 

located on the Tombigbee river, and here Bienville decided 
to strike his first blow. On the 20th of May he attacked one 
of their principal towns, in what is at present Lee county, 
Mississippi, but found it much more strongly fortified than 
he had reason to suspect, and his troops were repulsed with 
great loss of both officers and men. The Chickasaws had 
not only copied the system of warfare used by the French, 
but were directed from within by English traders experienced 
in the art of war. 

3. The soldiers of Bienville fought with their usual intre- 
pidity, advancing again and again to the attack, and being 
as often repulsed, until, finally, after a very heavy loss of 
both officers and men, they were compelled to retreat to 
their boats on the Tombigbee, leaving the dead and wounded 
in the hands of the enemy, and forced for the present to 
give up all thoughts of conquering the indomitable Chicka- 
saws. A reinforcing party, sent from the French posts on 
the Illinois to assist in this campaign, fared even worse than 
the main body of the army, having been surprised, sur- 
rounded and cut to pieces by the Chickasaws, only a few 
escaping to tell of the sad fate of the remainder. 

4. The bodies of the dead left in the hands of the savages 
after these battles were subjected to great indignities. 
Those unfortunate enough to be made prisoners were tied 
to stakes and roasted to death over a slow fire. The 
Chickasaws were, of course, more insolent and aggressive 
than ever after the defeat of Bienville, who spent the 
greater part of the year 1738 in reorganizing his forces, his 
men clamoring to be led against the savages that they 
might avenge the slaughter of their former comrades. By 
the beginning of the year 1739, Bienville had gathered 
together an army of about twelve hundred men — whites — 
and twice as many Indians, with which he hoped to be able 
to humble the pride of the Chickasaws, even if he did not 
succeed in conquering and driving them from the country. 



30 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

5. Bienville landed at the mouth of the St. Francis river 
about the first of July, 1739. His plan was to cross from 
there to the mouth of the Wolfe river, and from thence 
descend with his formidable army into the heart of the 
Chickasaw nation. A supply station and hospital were 
established at the mouth of the St. Francis. During the 
months of July and August, in that year, the heat was 
intense even for that semi-tropical climate, and by the end 
of the summer months sickness had made deep inroads upon 
the strength of Bienville's army. 

After the heat began to subside, the army — or that part 
of it able to travel — was moved to the mouth of Wolfe river, 
where it lay in helpless inactivity during the whole of the 
fall and winter months and until the early part of the spring. 
A fort called Assumption was built at this point. 

6. About the 20th of March, 1740, Celeron, a French 
officer, who had command of a. detachment of French and 
Indian troops, was sent out with secret instructions to treat 
with the Indians, though, ostensibly, his mission was to 
procure supplies for the army. The Chickasaws had over- 
rated the strength of the invading army, and thinking that 
Celeron's detachment was the advance-guard of an immense 
force, were very easily induced to enter into a treaty of 
peace. Had they known the real condition of the French 
army it might have been a more difficult matter to induce 
them to consent to this amicable arrangement. 

7. This campaign terminated the military career of the 
great Bienville, his management receiving severe blame, 
both throughout the country in which his campaigns had so 
ingloriously ended and in France, where he soon afterward 
returned, bowed down by griefs and misfortunes. He 
retired once more to private life, his last years obscured by 
the shadows of defeat and misfortune. He died in Paris, at 
an advanced age, and feeling keenly the malice of his 
enemies and the ingratitude of his country. He was sue- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 31 

ceeded as governor-general of the colony by a polished 
statesman and courtier, the Marquis de Vaudreuil. 

8. All the skill and sagacity of the new governor were 
called into requisition by the state of affairs existing in the 
colonies on his arrival at New Orleans. The Chickasaws 
had learned of the true condition of the French army at the 
time articles of peace were signed, and they were indignant 
at what they considered the deception practiced upon them 
by Celeron. 

To ascertain the temper of Vaudreuil, however, they sent 
a delegation to New Orleans to treat with him. The new 
governor was an adroit statesman, a diplomat trained at the 
Court of France, and he declined to treat with the Chicka- 
saws except in conjunction with their hereditary enemies, 
the Choctaws. He discovered and defeated a plan by which 
the Chickasaws were striving to induce all the tribes friendly 
to the French to join with them under the English flag and 
prosecute the war to the extermination of the French 
colonies. 

In 1754, with a strong force of white and Indian troops, 
he entered the Chickasaw country, following up Bienville's 
old route of nearly twenty years before. 

9. Finding the Chickasaws still more strongly intrenched 
for defense and much better versed in the art of war than in 
Bienville's day, Vaudreuil contented himself with devastat- 
ing their fields and destroying whatever property fell in his 
way. Anything more he believed would involve a useless 
sacrifice of men. Had the Marquis de Vaudreuil been con- 
tinued in office, it is probable he would have proven more 
than a match for the wily Chickasaws ; but soon after his 
invasion of their country he was transferred to Canada — 
more important in the eyes of the French Government than 
Louisiana — and Kerlerec, a French naval officer, appointed 
in his stead as governor of the colony. In November, 1762, 
the famous " secret treaty," by which the king of France 



32 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

presented to his royal neighbor, the king of Spain, the 
whole of Louisiana, was signed at Paris. In 1763, Great 
Britain, France and Spain entered into a treaty, signed at 
Paris, by which both France and Spain, ignoring the exist- 
ence of their " secret treaty," transferred their most impor- 
tant possessions east of the Mississippi to Great Britain. 

10. Now all that vast domain which had been added to 
the French crown at the cost of so much blood and treasure, 
the colonies for which Iberville and Sauvolle had given their 
lives, for which Bienville had sacrificed forty years of his 
life, giving up the hope of making a brilliant record in France, 
the colonies for which Perier fought and Vaudreuil diplomat- 
ized, passed into the hands of the English, the hereditary 
foes of France. 

The flag of St. George floated from the battlements of 
Mobile, Biloxi, Natchez and the settlements on the Tombig- 
bee, over a people loyal to the core to the " lilies of France." 
Spain retained none of her possessions east of the Missis- 
sippi, except the island of New Orleans. 

11. With English rule, however, laying aside all national 
sentiments, a new and better era dawned upon the colonists. 
The possessions acquired from France and Spain by the 
treaty of 1763 were divided by Great Britain into two large 
provinces, known as "East" and "West Florida." The 
latter embraced that portion of the present State of Missis- 
sippi as far north as a line drawn east from the mouth of the 
Yazoo river. A vast amount of litigation afterward arose 
as to the precise wording of the treaty in regard to boundary 
lines, and conflicting claims were set up, both by govern- 
ments and individuals, as to whom jurisdiction over the 
disputed territory belonged. 

12. The French settlers in the colonies were at first 
violently opposed to British rule, and many cases of insub- 
ordination came up, but in process of time they became 
reconciled, and' finally the most obstinate were compelled to 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 33 

acknowledge, in view of the development of the commercial 
and agricultural resources of the country, that the change 
had been beneficial. A new class of emigrants was attracted 
by the mild but firm rule of the English ; and, instead 
of depending upon a government across the waters for sup- 
port, these turned their attention toward the development of 
the vast natural resources of the country around them. 
The change in the class of population was not more marked 
than in the character of the governors sent to administer 
the affairs of the colony. The rule of the gay, chivalrous, 
pleasure-loving French officers was over ; that of the prac- 
tical, energetic Englishmen had begun. 

1 3. The first governor sent out by the English was George 
Johnson, a Scotchman by birth, who brought with him a 
regiment of native Highlanders to assist in discharging the 
duties of his office. He arrived at Pensacola, the seat of 
government for the province of West Florida, in 1764. One 
of his first official acts was the changing of the names 
which the French had bestowed on different stations in the 
colony. 

Fort Rosalie, at Natchez, was in this way called Fort Pan- 
mure, after one of the British ministers. The French names 
throughout the colony were carefully obliterated, much to 
the disgust of the old French settlers. Governor Johnson, 
notwithstanding his British prejudices, made a wise and 
efficient ruler. He made such advantageous treaties with 
the Indians that public confidence was established and the 
population steadily increased, not only from England, but 
from the older American colonies in the South and South- 
east. The trouble between the King of England and his 
colonies on the Atlantic coast of America was just begin- 
ning to make itself felt, and those subjects of his Majesty in 
Georgia and the Carolinas who anticipated war, yet wished 
to preserve a strict neutrality, emigrated largely to the new 

English dominions nearer the Mississippi river, and were 
3 



34 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

welcomed as valuable accessions to the population of the 
young and vigorous country. 

14. Governor Johnson was succeeded in office in 1770 by 
the Hon. Montford Brown, who was noted chiefly as the 
possessor of immense wealth. Governor Johnson's removal 
was much regretted by the people to whom he had adminis- 
tered justice for a period of six years. Governor Brown 
remained in office only one year, being then succeeded by 
Hon. Peter Chester, who consumed most of the time of his 
administration in trying to settle conflicting land grants and 
boundary lines. 

15. By 1771-2, the colony had become almost self- 
sustaining. All the necessaries of life were raised in great 
abundance and with little trouble. Cattle, hogs, corn and 
poultry were the farm products of the province in 1776. 
Rude but comfortable log houses, each surrounded by its 
orchard of fruit trees, were gradually supplanting the huts 
built by the first settlers, and the whole country gave 
evidence of the prosperity which follows thrift and industry. 
During the year 1776, while the eastern colonies were in 
the throes of the Revolutionary War, peace, prosperity and 
contentment reigned in the colonies of which we write, only 
the echo of the great struggle on the border-land penetrat- 
ing to these quiet haunts. 

16. In 1777-9, the province was agitated by the contro- 
versies that sprang up between the Spanish rulers of 
Louisiana and the British rulers of West Florida. In 1779, 
these disputes terminated in actual hostilities when Galvez, 
civil and military governor of West Florida, attacked and 
captured Fort Bute at Manchac, the fort at Baton Rouge, 
and Fort Panmure, at Natchez. Following up these brilliant 
conquests in 1780, Galvez stormed and captured Mobile, 
then proceeded to Pensacola, which, after a month's siege, 
surrendered. This put an end to British dominion in West 
Florida. After nineteen years of unbroken prosperity under 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 35 

English rule, the province passed into the hands of the 
Spaniards. 



QUESTIONS ON CHAPTER IV. 

Who was the founder of the colony of Georgia? How did he 
occupy the greater portion of the year 1732? What important changes 
were wrought this year for the colony on the Mississippi? In what 
manner did the colony again come under French rule? Who was 
made governor-general of Louisiana? Upon what steps did he 
resolve? Against what tribe were his first movements directed? 
Describe the march through the Chickasaw country and the disas- 
trous attack upon their villages. From whom had the Chicka- 
saws copied their system of warfare? How fared the reinforcements 
sent Bienville from the posts on the Illinois? Desecration of the 
bodies of the dead? Tortures practiced on the living? How did 
Bienville spend the greater portion of the year 1738? How large an 
army had he raised by the year 1739? Give Bienville's plans for the 
campaign of 1739-40. The sequel to those plans? What secret 
instructions were given Celeron? Show how the Chickasaws were 
induced to treat with the French. What did this campaign terminate, 
and why ? How were Bienville's last days spent and where did he die? 
By whom was he succeeded? State of affairs when the new Governor 
reached New Orleans? Character of Vaudreuil? What plan of the 
Chickasaws did he defeat? In his expedition into the Chickasaw 
country what policy did he carry out ? To what French province was 
Vaudreuil transferred, and who succeeded him in Louisiana? What 
of the famous "secret treaty?" Treaty by which this was ignored? 
Into whose hands did the French possessions east of the Mississippi 
now fall? What alone did Spain retain of all her possessions east of 
the Mississippi? What dawned with English rule? How did Great 
Britain divide the immense territory secured by the treaty of 1763 ? To 
what province did Mississippi belong? What caused a vast amount of 
litigation? How did the French settlers become reconciled to British 
rule ? What class of settlers was attracted by the change of govern- 
ments? First English governor? One of his first official acts? 
Character of Governor Johnson as a ruler? Causes of increase in 
the population? Who succeeded Governor Johnson, and when ? Suc- 
cessor of Governor Brown ? How did the colony become self-sustain- 
ing? By what was the province agitated in 1777-9? How did these 
disputes terminate? Into whose hands did West Florida now pass? 



36 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER V. 
1 781-1795. 

1. Natchez and the surrounding district had for a long time 
after the massacre at Fort Rosalie remained uninhabited 
except by a small garrison of soldiers. After the treaty of 
1763, by which the country exchanged French for British 
rule, a very superior class of emigrants settled in Natchez 
and the surrounding country. Many of them were of a 
class already alluded to, who wished to take sides with 
neither in the impending conflict with king and colonies ; 
nearly all were land and property-holders, either on a large 
or small scale. During the war between Spain and Great 
Britain, these settlers, though nearly all were Americans, 
were enlisted in sympathy with the British. After the 
capture of Fort Panmure by Galvez, but before the fall of 
Pensacola, they conceived the idea of recapturing the fort 
from the Spaniards and holding it either for the English or 
American forces. Many of them were retired officers either 
from the English or colonial armies, and preferred any rule 
to that of the Spaniards. 

2. They were encouraged to undertake the capture of the 
fort by the report that large reinforcements from England 
were then on the way to redeem the province from the 
Spaniards. They also received instructions from the British 
commander at Pensacola to seize and hold the fort until he 
could send them reinforcements. Following the lead of 
Colonel Anthony Hutchins, these brave men, on the 22d of 
April, 1782, succeeded in retaking Fort Panmure, making 
prisoners of the garrison and planting the flag of England on 
the ramparts. While forming plans for further resistance, 
they were astounded by the reception of the news that 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 87 

Pensacola had fallen and that the whole province of West 
Florida had been surrendered to the Spanish authorities. 

3. Before the consternation with which these evil tidings 
were received had subsided, a Spanish fleet crowded with 
soldiers appeared in front of Loftus Heights. Nothing was 
left the brave veterans, who had defied Spanish authority, 
save instant flight. The story of their wanderings and 
sufferings, accompanied as they were by their helpless 
wives and children, makes up one of the saddest pages in 
our colonial history. 

Many of them died on the way, a lonely wilderness 
stretching between Natchez and Savannah, Georgia, the 
nearest British settlement. Only a remnant of the original 
party succeeded in reaching that point. The Spanish 
showed unexpected clemency to those who fell into their 
hands, probably believing that the best way to reconcile 
the people to a change of government was to adopt a 
conciliatory course in their treatment of them. 

4. Francis Collet, whose official residence was at 
Natchez, was the first governor appointed by the Spaniards 
after their conquest of West Florida. During the next ten 
years the province was ruled successively by Trevanior, 
Don Estevano Miro, Piernal, Don Francis Boulingy, Don 
Carlos Grand Pre, and lastly Don Manuel Gayoso, who 
was so universally esteemed as to be spoken of as "Gayoso 
the Good." Revolutionary measures died out under his 
administration, and the country became satisfied with Span- 
ish rule. Land grants were obtained on easy and liberal 
terms, though there were many conflicting claims over 
unsettled grants and disputed boundary lines. 

5. The tobacco crop was the first grown for exportation 
in the Natchez district. . From fifteen hundred to two thou- 
sand pounds per acre was the average yield, and it was sold 
at two dollars per hundred weight. At one time tobacco 
threatened to rival coxton as a staple. It was not until 



38 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

indigo-planting had been tried without success or profit that 
the public mind turned toward cotton, which seemed from 
the first to be wonderfully adapted to both soil and climate. 
Cotton had been cultivated in the colony as far back as 
1722, but on an exceedingly small scale. Bienville referred 
to its cultivation in one of his dispatches to the home 
government, and small quantities of it were sent to New 
Orleans during the administration of De Vaudreuil. 

6. Slavery was introduced into the French colonies by the 
direct authority of the king of France, so that neither the 
early settlers, nor their descendants, can be held responsible 
for its existence among them. Many philanthropists of that 
day believed that the civilization of Africa would be accom- 
plished by the return to her shores of converted freedmen. 

7. The rule of the Spanish governors of the province was 
characterized by great tolerance, in both civil and religious 
matters. There was no persecution for conscience sake, 
every man being allowed to worship God in the form that 
suited him best. The early settlers of Mississippi, not 
including the French settlements, were Protestants, having 
emigrated mostly from the older Southern States. Their 
Spanish rulers were, of course, Catholic, but made no 
attempt to force their religion upon the people. 

8. The conquest of West Florida by Spain was made in 
the face of the protest of the United States Government, 
which now laid claim to this territory. Spain and the State 
of Georgia also claimed this "doubtful territory," basing 
their claims on treaties made at different times and places, 
and this northern boundary line became a constant source of 
trouble and litigation. To add to the complications of the 
dispute over this magnificent territory — now within the 
limits of our own State — several tribes of Indians, the 
Creeks, Choctaws, Cherokees and Chickasaws, all claimed 
that, by right of inheritance and possession, the land 
belonged to them. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 39 

To strengthen the claims of their respective governments, 
the agents representing Georgia, Spain and the United 
States each made separate treaties with these Indians 
respecting their claims to the disputed territory. 

9. In 1785, Georgia, by act of her Legislature, had formed 
a large county out of this disputed territory, known as Bour- 
bon county. In 1795, she grew tired of the incessant 
wrangling its possession involved, and by another legislative 
act sold the greater part of her claims to four land 
companies, known as the "Georgia," the "Georgia- 
Mississippi," the "Tennessee" and the "Upper Missis- 
sippi" companies. 

10. These four companies began at once to parcel out and 
sub-divide the land, and the whole district would have been 
disposed of had not the United States Government interfered 
and put a stop to the proceedings. This famous act is 
known in history as the " Yazoo Fraud," and the action of 
the Legislature of Georgia in dealing with those companies 
was everywhere condemned, especially by the people of 
Georgia, who considered these fraudulent measures a reflec- 
tion on the fair fame of their State. The next Legislature 
pronounced the contract of the State null and void, and 
those persons who had been purchasers of land from them 
found that they had been cheated and despoiled. 

11. Public indignation knew no bounds when these facts 
came to light. The Legislature of Georgia that repealed the 
Act, wishing to show their abhorrence of unfair dealings, 
collected all the documents pertaining to the " Yazoo Fraud," 
and making a bonfire of them in the yard of the State Cap- 
itol, burned them publicly, thus freeing the State from the 
charge of illegal transactions. 

12. This dramatic action, however, did not put a stop to 
the controversies over the Yazoo Territory. For several 
years the disputes between the agents of the three govern- 
ments waxed fiercer and warmer, until suddenly they were 



40 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ended in a very unexpected manner by the Congress of the 
United States. 

On the 27th of October, 1795, a treaty was completed at 
Madrid, by which Spain agreed that the Southern boundary 
of the United States should be "the line of thirty-first 
degree, north latitude, from the Mississippi river to the Chat- 
tahoochee ; thence down the middle of that river to its 
junction with the Flint ; thence to the head of St. Mary's 
river ; thence down that river to the Atlantic." 

13. It was agreed also that all Spanish posts north of this 
line should be removed within six months, and that all 
American posts and all families living south of this line 
should be removed within the same time. 

Each of the two great powers by whom this treaty was 
ratified, agreed to allow the other the undisputed navigation 
of the Mississippi river, and to co-operate in the cultivation 
of the good-will of the Indians. Joint commissioners were 
to be sent out under the protection of the two Governments 
before the expiration of six months, to run the boundary 
line. 

Georgia still adhered to her claim to the disputed territory, 
and it was not until several years after Mississippi became 
a Territory that she ceded her interest to the Federal Gov- 
ernment. 



QUESTIONS ON CHAPTER V. 

Describe Natchez and its population of an early day. With which 
Government did they take sides in the struggle between the Spanish 
and British for the possession of West Florida? How were they 
encouraged to undertake the capture of Fort Panmure? After its 
capture, by what news were they confounded? Tell the story of the 
flight and sufferings of the British refugees after the transfer of West 
Florida to Spain. How were those who fell into the hands of the 
Spaniards treated? Who was the first Spanish governor after the 
conquest of West Florida? Give the names of governors during the 
next ten years? Administration of "Gayoso the Good?" First crop 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



41 



grown for exportation in the Natchez district? Average yield? When 
did the public mind first become attracted toward cotton as a staple? 
How far back in the history of the colony had cotton been cultivated 
on a small scale? How was slavery introduced into the French 
colonies? What characterized the rule of the Spanish governors? 
Religion'of the earlier settlers of Mississippi? What governments now 
laid claim to West Florida? What added to the complications of the 
dispute? Act of the Georgia Legislature in 1785? In 1795? Names 
of the four land companies? What was known as the "Yazoo 
Fraud?" Act of the Georgia Legislature in reference to it? How 
were the disputes over the " doubtful territory" silenced? Treaty 
between the United States and Spain? Claim of Georgia — when 
satisfied ? 




42 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER VI. 

1 795-1 798. 

1. The Commissioners appointed by the United States 
Government to run their boundary line were Andrew Elli- 
cott and Thomas Freeman, the former an astronomer, the 
latter a surveyor. The Commissioners appointed by the 
Spanish Government were Don Stephen Minor and Sir Will- 
iam Dunbar. 

2. Ellicott seems to have been singularly unfitted for the 
position assigned him. He meddled in politics, and used his 
office to create difficulties between the people of Natchez and 
the Spanish authorities. In the spring of 1797 a detach- 
ment of United States troops under Captain Guion, of the 
regular army, was dispatched with orders to take possession 
of the forts on the Mississippi river, in conformity with the 
terms of the treaty between Spain and the United States. 
Although the Spanish authorities had failed to comply with 
the terms of that treaty, Captain Guion was directed to 
avoid, if possible, an open rupture with them, but in any 
case to insist on the delivery of the forts to the United States 
troops, and the hoisting of the American instead of the 
Spanish flag. 

3. Captain Guion's orders were to proceed first to the 
Chickasaw Bluffs, at the mouth of Wolfe river, where 
he would be met by a deputation from the Chickasaw 
Indians, whose favor the Government was anxious to 
retain. A large supply of goods and trinkets was to be 
distributed among them, and every effort made to conciliate 
them. 

4. Captain Guion was detained at New Madrid by the 
commandant of the Spanish garrison, who objected to his 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 43 

further progress down the river ; but on pledging his word to 
go no farther down than the Chickasaw Bluffs until the 
matter could be referred to headquarters, he was allowed to 
depart, and reached the place appointed, the spot where 
Memphis, Tennessee, now stands, on the 20th of July, 1797. 
A Spanish garrison at Hopefield, on the opposite bank of the 
river, made strenuous efforts to prevent an amicable arrange- 
ment between Captain Guion and the Chickasaws. War 
between Spain and the United States seemed at that time 
not unlikely, and Captain Guion, while awaiting orders from 
his superior officers, employed his men in the construction of 
a new fort on the ruins of one which had stood there since 
the days of La Salle. It was first called Fort Pickering, and 
the spot where it once stood is still identified. 

5. Early in November, 1797, Guion, who had succeeded 
in winning the friendship of the haughty Chickasaws, 
descended the river to Fort Noagles, where Vicksburg now 
stands, leaving a sufficient number of men to garrison his 
new fort. Fort Noagles refused to surrender to the authori- 
ties of the United States, and Guion proceeded to Natchez, 
having been authorized only to make a demand for the sur- 
render of tb' forts. 

At Natchez the most unhappy dissensions existed between 
the American and Spanish authorities. Governor Gayoso 
had just been succeeded by Captain Stephen Minor, one of 
the boundary commissioners appointed by the Spaniards. A 
" Committee of Safety " had been appointed from among the 
best citizens, and all public matters were referred to that 
body. 

6. Governor Gayoso had been appointed governor-general 
of Louisiana. He left a small garrison in the fort at Natchez, 
commanded by one or two officers. After the arrival of 
Guion with his troops, the soldiers of the two nations 
were encamped within a short distance of each other. On 
the 30th of March, 1798, the Spanish garrison received 



44 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

orders to evacuate the fort, and the Americans quietly took 
possession of it. 

7. The United States Government soon afterward dis- 
tributed troops among the most important military posts 
along the Mississippi river. 

There were three companies at Fort Adams, on the Chick- 
asaw Bluffs, and three each at Walnut Hills and Natchez. 
The boundary line between Spain and the United States was 
completed by the time the American troops took possession. 
It was marked by a wide trail cut the entire length of 
the line. 

8. On the 7th of April, 1798, the conflicting claims of the 
United States, Spain, and Georgia, to the ''doubtful terri- 
tory," were settled by Act of Congress, which created the 
"Mississippi Territory." Both Spain and the State of 
Georgia were opposed to the passage of the Act, but were 
powerless to prevent it. 

The territorial limits embraced all of the present States of 
Alabama and Mississippi, south of the line drawn due east 
from the mouth of the Yazoo river. The inhabitants of this 
.district hailed with joy the passage of the Act creating the 
Territory. 

9. Soon after the formation of the Territory, the citizens 
of Natchez petitioned Congress for the establishment of com- 
mon schools in their midst ; also, houses to be used for 
religious purposes. During the interval that elapsed between 
the departure of the Spanish commandant and garrison and 
the arrival of the first governor appointed by the President 
of the United States, the office of civil and military gov- 
ernor was discharged by Captain Guion in such a manner 
that order and harmony prevailed throughout the whole 
district. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 46 

QUESTIONS ON CHAPTER VI. 

Who were the commissioners appointed by the United States Gov- 
ernment to run their boundary line? Those appointed by the Spanish 
Government? Character of Ellicott? Mission of Captain Guion? 
Captain Guion's orders — how executed? Attempts of the Spanish 
authorities to detain United Stated troops? Their interference between 
Guion and the Chickasaws? Construction of fort on ruins of one 
built by La Salle? When did Guion proceed to Fort Noagles? Did 
he attempt to force the Spanish authorities to surrender? What 
dissensions existed at Natchez? To what position had Governor 
Gayoso been appointed? When did the Americans take possession of 
the fort at Natchez? Distribution of troops along the Mississippi 
river— at what points? Boundary line— how made? When were the 
conflicting claims to the doubtful territory settled— and how? What 
did the lines of Mississippi Territory embrace? Petition of the citizens 
of Natchez for the establishment of common schools and houses of 
religious worship in their midst? What office was discharged by 
Captain Guion ? 




46 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER VII. 

i 798-1 802. 

1. The Territory of Mississippi constituted one district for 
the purposes of government, but Congress had discretion to 
divide it at any time into two districts, with separate terri- 
torial governments in each. The importation of slaves from 
any part or place without the limits of the United States was 
forbidden by law. 

2. The first governor of the new Territory was Winthrop 
Sargent, a native of Massachusetts, who had been an officer 
in the Revolutionary Army. Considerable opposition to his 
appointment had been made, not only by those living in 
the Territory, but by persons in authority at Washington, 
who believed that a more suitable person could be appointed 
to so important an office. 

3. Although Governor Sargent was a native of New Eng- 
land, his unpopularity can not be attributed to that cause. 
The courtly Gayoso and his predecessors were foreigners and 
entire strangers to the manners and customs of the people, 
yet they, by pursuing a liberal and conciliatory policy, won 
the confidence and gratitude of all classes. 

There was at this time comparatively little sectional 
feeling between the North and South. Both sections had 
contributed their share to the glory of Bunker Hill and 
Eutaw Springs, and the memory of the blood that had flowed 
there in defense of their common country served for a long 
time to subdue all prejudices. 

4. Governor Sargent reached the Territory on the 6th of 
August, 1798. The hopes founded by the people upon his 
utterances in his first public address, delivered in Natchez 
soon after his arrival, were not realized by his official 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 47 

actions. His appointments were made in a partisan spirit, 
and in his letters to the officers of the general government 
he cast serious imputations upon the character of the 
inhabitants of the Territory, and recommended the adoption 
of the most stringent measures in dealing with them. The 
citizens very naturally resented the misrepresentations of 
Governor Sargent, and showed their dislike of his arbitrary 
proceedings in a very spirited manner. 

5. On the 2d of April, 1799, the counties of Adams and 
Pickering were organized in the new Territory. The name 
of the latter was afterward changed to Jefferson. A Code 
of Laws for the Territory was framed by Governor Sargent 
and his judges, who legislated for the district until the 
General Assembly intervened. 

Congress was petitioned by the inhabitants of the Terri- 
tory, not only to abolish the code of Governor Sargent, but 
to give them voice in the framing of their own laws by 
advancing them to the second grade of Territorial govern- 
ment. 

6. Although Governor Sargent and his friends did all in 
their power to defeat this petition, it was granted by 
Congress in the formation of the General Assembly. This 
consisted of a council of five members, to be appointed by 
the President, and four representatives each from the two 
oldest counties, besides one from a new county on the 
Tombigbee, called Washington. These representatives 
were to be chosen by the people, one member being 
allowed to every five hundred voters. 

7. The fourth Monday in July was fixed by Congress for 
the election of representatives, and the fourth Monday in 
September for their first meeting. In 1801, in view of the 
state of feeling existing between himself and the people of 
the Territory, Governor Sargent repaired to Washington, 
leaving the control of the Territory in the hands of his 
secretary. 



48 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Previous to his arrival at the seat of government, a 
committee had been appointed by Congress to investigate 
the official character of Governor Sargent, and report on the 
causes of complaint against his administration. While this 
committee acquitted the governor of criminal intent in his 
dealings with the people of the Territory, it became apparent 
to all, and especially to President Jefferson, that in the 
interest of peace and harmony, a change in the official 
government of Mississippi Territory should be made. 
Accordingly, Governor Sargent v/as removed from office 
and Governor C. C. Claiborne appointed instead. 

8. One of the most prominent figures in the history of 
Mississippi is that of C. C. Claiborne. In his character the 
wisdom of Oglethorpe and the benevolence of Penn were 
combined with the bravery of the earlier colonial heroes. 
His commission was dated July 10, 1801, but so slow were 
the facilities for transmitting the United States mail in those 
days that it did not reach him until the 8th of August, 
nearly a month later. At this time the country bordering 
on the Mississippi river was almost a wilderness. A few 
small Spanish settlements were dotted here and there on the 
western shore, the only signs of human life and habitation 
for a distance of nearly eight hundred miles. 

9. On the eastern side, before reaching Natchez, were 
Fort Pickering, at the Chickasaw Bluffs, and Fort Noagles, 
at Walnut Hills, now called Vicksburg. The people of the 
Territory, delighted at the removal of- Governor Sargent, 
gave his successor a hearty welcome. The Territorial 
Legislature met on the 1st of December, 1801, and the new 
governor's message was read in the hearing of both houses. 
The Assembly was composed of the representative men of 
the Territory, honest and capable, attached to the interests 
of the United States and of their own Territory. 

10. Natchez was at that time not only the seat of govern- 
ment, but the great center of trade for the Territory. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 49 

Trading-boats from the West were constantly lading and 
unlading at her landing, and the river front was crowded 
with cotton-bales and stores of miscellaneous merchandise. 
The aggregate sales of cotton in a single season, in the 
Natchez district, amounted to seven hundred thousand 
dollars. 

11. Governor Claiborne found the Territory involved in 
a network of litigation, arising from the fact that fraudulent 
landgrants had been issued by the Spanish authorities to 
persons in and around Natchez after the confirmation of the 
treaty between Spain and the United States. 

12. There was very little political excitement in the Ter- 
ritory at this time. In 1802 a discussion arose as to the 
character of the judges, who held office in the Territory, 
some of them having very little legal training or acquire- 
ments. 

13. There was at this time only one printer in the Terri- 
tory. He was a novice in the profession, James Terrell by 
name, and was employed to print the proceedings of the Leg- 
islature. The following year, Andrew Marschalk, who had 
come to the Territory as a soldier, set up a printing-press, 
and established a newspaper in Natchez, called the Herald. 
He received the contract for printing the Laws of the Terri- 
tory, which previous to that time had been written by a 
secretary employed for that purpose. 

Many inhabitants of the Territory had opposed its ad- 
vancement to the second grade of Territorial government, 
on the grounds that a great increase in taxation would 
inevitably follow. The steady improvement in every 
department of business, however, that followed upon the 
change in the form of government, the increase in emigra- 
tion, the opening of new avenues to wealth by the increased 
facilities in navigation and commerce, more than compen- 
sated for any increase of taxation. 
4 



50 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

QUESTIONS ON CHAPTER VII. 

How was the Territory of Mississippi constituted? First Territorial 
Governor? Give a sketch of Winthrop Sargent. Contrast with 
Spanish governors? Sectional feeling between the North and South? 
First public address of Governor Sargent? In what spirit were his 
appointments made? How did he cast unjust imputations upon the 
inhabitants of the Territory? How did the citizens show their dislike 
of such proceedings? First counties formed in the new Territory? 
Change of name? How was the first Code of Laws formed? Petition 
of the inhabitants of the Territory? How granted by Congress? Of 
what members did the General Assembly consist? Day fixed for the 
election of representatives? Of first meeting? In whose hands did 
Governor Sargent leave the control of Mississippi Territory? What 
committee was appointed by Congress? Result of its investigation? 
Who was appointed to succeed Governor Sargent? Describe the 
character of Governor C. C. Claiborne. Character of country border- 
ing on the Mississippi river at that time? The western side? The 
eastern? Meeting of first Territorial Legislature? Describe Natchez 
at that period. In what did Governor Claiborne find the Territory 
involved? First printing-press established in the Territory? What 
improvements followed the advancement of Mississippi to the second 
grade of Territorial government? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 51 



CHAPTER VIII. 

i 802- i 804. 

1. On the 24th of April, 1802, the State of Georgia 
ceded to the United States, on certain conditions, all her 
claims to the Mississippi Territory. The following are the 
terms of the treaty : Georgia ceded to the United States 
all her right, title and claim to the territory belonging to her 
south of Tennessee and west of the Chattahoochee river, 
up to the great bend, thence west of the line direct to 
Nickajack creek, near Chattanooga, Tennessee, on the 
following conditions : 

First: That out of the first net proceeds of the sales of 
the lands thus ceded, the United States shall pay to Georgia, 
one million two hundred and fifty thousand dollars. 

Second: That all persons who are settled within the said 
Territory shall be confirmed in all their titles by the United 
States Government. 

Third: That the lands so ceded be considered a public 
fund, to be distributed by the United States in the proper 
manner and as other public funds in lands. 

Fourth: That the United States, at their own expense, 
extinguish for the use of Georgia as soon as the same can 
reasonably be done, the title of Indian tribes to the county 
of Tallassee, to the lands occupied by the Creeks, and to 
those between the forks of the Oconee and Ocmulgee rivers, 
for which several objects the President of the United States 
shall order that a treaty be immediately held with the 
Indians, and that in like manner the United States shall 
extinguish the Indian title to all the other lands within the 
State of Georgia. 

Fifth: That the territory thus ceded shall form a State as 



62 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

soon as it shall contain sixty thousand inhabitants, and as 
such be admitted into the Union. 

2. This treaty was ratified by the Legislature of Georgia 
on the 16th of June, 1802. 

Soon afterward the money which had been paid into the 
treasury of Georgia by the Yazoo companies was paid over 
to the United States Government, and this ended forever the 
dispute over the Yazoo Territory. 

3. In March, 1802, Captain Narsworthy Hunter, the first 
delegate to Congress from the Mississippi Territory, died. 
Mr. Hunter had taken his seat in 1801. He was succeeded 
December 6th by Thomas M. Green. 

4. Soon after Governor Claiborne's arrival in the Terri- 
tory he began negotiations with different tribes of resident 
Indians. He asked of the general government a strict 
definition of the policy they wished him to pursue toward 
the natives, recommending the adoption of liberal measures. 
An interpreter was furnished him by the government to 
assist in these negotiations. The Choctaws were the first 
to accept the friendly overtures of the Governor. 

5. They had been the steadfast friends of the whites 
ever since the arrival of the first settlers, and had proven 
their devotion on many battle-fields. They met Governor 
Claiborne in council at Fort Adams, December 17, 1801, 
agreed to the retracing of the old boundary line established 
by the British, and ceded to the United States an area of 
land comprising 2,245,720 acres. They also agreed to the 
opening of a highway through their nation to the settlement 
in Tennessee. 

The Chickasaws also granted the right of a highway 
through their country from Natchez to the Tennessee settle- 
ments. 

6. Governor Claiborne encouraged the Indians to cultivate 
habits of thrift and industry, furnishing them with looms and 
agricultural implements at the expense of the Government. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 53 

In January, 1802, the Legislature created the counties of 
Wayne, Claiborne and Wilkinson. A militia law was also 
passed at this session. 

7. The town of Washington, situated six miles east of 
Natchez, was chosen as the site of Jefferson College, which 
was established in 1802, under the presidency of Professor 
Joseph Caldwell, a man of marked ability and long experi- 
ence ; it soon began to exert a beneficial influence on the 
society of the young Territory. As the country into the 
interior was opened up the Territorial capital was removed 
from time to time to meet the demands of a rapidly increas- 
ing population. Washington, Natchez, Columbia and Mon- 
ticello were each at different times the seat of the Territorial 
government. 

8. That portion of territory bordering on the river was 
for several years infested with bands of highwaymen, who 
committed the most atrocious murders and robberies with 
impunity. Governor Claiborne was forced in 1802 to offer 
a large reward for the leaders of these outlaws. This had 
the desired effect. The leaders were tried, convicted and 
hung, and their followers left the Territory. 

9. Under Governor Claiborne's supervision, trading posts 
were established for the Choctaw and Chickasaw Indians, 
the one for the former on Tombigbee river, that for the 
Chickasaws near Fort Pickering, on the Mississippi. The 
Chickasaws, who, next to the Natchez, had been the most 
inveterate enemies of the white settlers, began, under the 
fostering care of the government of the United States, to 
acquire habits of industry and economy, cultivating their 
own lands and manufacturing their own clothing. 

10. March 12, 1803, William Lattimore, of Natchez, suc- 
ceeded Thomas M. Green as delegate of the Mississippi 
Territory in Congress. 

December 20th, of the same year, Louisiana was trans- 
ferred from the government of Spain to that of the United 



54 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

States, and Governor Claiborne was appointed by the 
President to administer the affairs thereof, still retaining, 
however, his office of Governor of Mississippi Territory. 

On the ist of October, 1804, he was appointed Governor 
of Orleans Territory, which act severed permanently his 
official connection with Mississippi. During the interval 
that elapsed before the appointment of his successor, the 
government of the Territory was entrusted to his former 
secretary, Cato West. 



QUESTIONS ON CHAPTER VIII. 

When did Georgia cede to the United States Government her claims 
to Mississippi Territory? Terms of the treaty? When ratified? 
Death of the first Congressional delegate from Mississippi ? His suc- 
cessor? In what manner did Governor Claiborne gain the good-will 
of the Indians? How had the Choctaws proven their devotion to the 
whites? When did they meet Governor Claiborne in council? What 
agreement was made by them? By the Chickasaws? In what did 
Governor Claiborne encourage the Indians of the Territory? What 
counties were created in 1802? What town was chosen as the site of 
Jefferson College? When was this college, the oldest in the South, 
established? Why was the Territorial capital removed from time to 
time? Name some of the towns which were at different times used as 
the seat of the Territorial government. With what was the country 
bordering on the Territory at one time infested? How was the evil 
remedied ? Where were the trading posts for the Choctaw and Chicka- 
saw Indians established? What improvement was manifest in the 
wild and warlike Chickasaws? Congressional delegation from the 
Territory in 1803? When was Louisiana transferred from the govern- 
ment of Spain to that of the United States? Who was appointed its 
Governor? How was his official connection with Mississippi Territory 
permanently settled? In whose hands was the government of the 
Territory left temporarily? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 55 



CHAPTER IX. 

1 804- 1 809. 

1. In 1803, while Claiborne was yet Governor of the Mis- 
sissippi Territory, Congress passed an act reserving the six- 
teenth section in each township for the support of schools 
within the same. Thirty-six sections to be located in one 
body were also appropriated for purposes of education. 

2. President Jefferson appointed Hon. Robert Williams, of 
North Carolina, to the office in Mississippi made vacant by 
the removal of Governor Claiborne. Governor Williams 
reached the Territory on the 26th of January, 1805. Cowles 
Mead succeeded Colonel West as Secretary of the Territory. 
Colonel West had been the choice of the people for Gover- 
nor, but their wishes were ignored by the President. 

3. Governor Williams issued a proclamation soon after his 
arrival, calling for a special session of the Territorial Legis- 
lature, to be held on the 1st of July, 1805. Neither the 
Legislature nor the people were favorably impressed with 
the new Governor, who was cold and austere in deportment, 
though a man of ability and conscientious convictions. 

His Secretary, Cowles Mead, was much the greater favor- 
ite of the two. The first few months of the new admin- 
istration were characterized by serious border difficulties, 
which, at one time, threatened to involve the American and 
Spanish Governments. As each government pursued the 
policy of non-intervention, the disputes between the settlers 
on either side of the boundary line between the two, grad- 
ually died out. 

4. In 1805, Judge Toulmin prepared a Digest of the Laws 
of the Territory, which was much appreciated by the Legis- 
lature. Many young lawyers of marked ability had by this 



56 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

period chosen the Territory as their future home. Among 
these were Edward Turner, Lyman Harding and George 
Poindexter, all of whom were to wield a lasting influence upon 
the fortunes of the young Commonwealth. Mr. Poindexter 
was a member of the Territorial Legislature of 1805. 

5. In August, 1806, the Spaniards violated the terms of 
their treaty with the United States Government, by crossing 
the boundary line with a large force of armed men. This 
invasion caused intense excitement in the adjacent Terri- 
tories. The militia of Orleans and Mississippi Territories 
was promptly called out, and General Wilkinson, of the reg- 
ular army, at the head of a detachment of troops, proceeded 
to the banks of the Sabine river, the line of demarkation 
between the two governments. The Mississippi troops were 
commanded by Major F. L. Claiborne. In the absence of 
Governor Williams, Secretary Mead acted as Governor. 
When the Americans reached the Sabine they found that 
the Spaniards, who were about fifteen hundred strong, had 
fallen back upon their own territory for want of supplies. 
Negotiations between their commander and General Wilkin- 
son resulted in a suspension of hostilities, the whole matter 
being referred to the two governments. 

6. On the 27th of November, 1806, the President of the 
United States issued a proclamation in reference to an 
unlawful expedition, of which Aaron Burr, formerly Vice- 
President of the United States, was reported to be the 
head. Governor Mead also issued a proclamation on the 
23d of December, calling on the inhabitants of Mississippi 
Territory for aid in suppressing any treasonable design 
against the general government. 

7. Burr made the descent of the Mississippi river in Janu- 
ary, 1807. No opposition v/as made to his progress until he 
reached the boundaries of the Territory of Mississippi, when 
he was informed by the authorities that he could proceed no 
further. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 57 

Governor Mead demanded the instant and unconditional 
surrender of the whole force, their arms and ammunitions, 
and, after some hesitation, Burr complied, knowing it would 
be useless to resist. His force was much less formidable 
than had been represented, and, besides the determination 
evinced by the territorial authorities in obstructing his prog- 
ress, the general government had stationed armed vessels 
in front of Natchez to prevent the further progress of his fleet. 

8. The only condition required by Burr in surrendering, 
was that he might be tried by civil, instead of military, 
authority. This request was granted ; Burr gave himself 
up and was taken to the little town of Washington, where 
he gave bond in the sum of five thousand dollars for his 
appearance at a called session of the Superior Court, to be 
held in February. His followers dispersed, the majority of 
them professing entire ignorance as to what his plans 
had been. 

9. It was the opinion of Mr. Poindexter, then Attorney- 
General of the Territory, that the case of Colonel Burr lay 
without the jurisdiction of the territorial courts, and he 
recommended his removal to a competent tribunal. Fearing 
that this suggestion would be carried out, Burr made his 
escape from the Territory, but was afterward captured and 
taken to Richmond, Virginia, for trial before the United 
States authorities. He was acquitted, the evidence against 
him not being strong enough to convict him of treason 
against his country, but public opinion has always held him 
guilty, and his name has been handed down to posterity as 
that of a traitor who would have sacrificed his country to 
his ambition. 

10. Governor Williams returned after a prolonged absence 
from the Territory, while the excitement concerning Burr 
was at its height. The promptitude shown by Acting-Gov- 
ernor Mead throughout the entire transaction elicited the 
warmest admiration of the people of the Territory. 



58 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

11. By an Act of January 9, 1808, the Territory of Mis 
sissippi became entitled to one representative in Congress. 
The uncertainty hanging over land titles, and the conflicting 
claims that came up in the territorial courts, prevented a 
rapid increase of immigration. The Yazoo and British claims 
covered some of the most valuable lands in the Territory. 
Congress was appealed to for help, but declined to interfere. 
The first bank in the Territory was established December 
23, 1809, at Natchez, with a capital of $500,000. By the 
provisions of its charter it was to run for twenty-five years, 
and its directors were made individually liable for any emis- 
sion of notes or bills over three times the amount of their 
capital stock. 

12. Lyman Harding, the first attorney-general of Missis- 
sippi, and Christopher Rankin, a prominent lawyer, who, 
soon after his arrival in Natchez, was elected to the Terri- 
torial Legislature, both came to Mississippi about this time. 
The country offered a fine field for the development of 
genius and enterprise, and scores of young men from the 
older-settled States — those possessed of the brain and brawn 
necessary for the development of a great Commonwealth — 
flocked to the new Territory, attracted by the opportunities 
it afforded for gaining both wealth and fame. 

13. While pioneer life in Mississippi Territory had its pri- 
vations and discomforts, it had also its pleasing side. The 
new settlers, as a general thing, were industrious and intelli- 
gent, most of them being descendants of old and well-estab- 
lished families in Virginia, Tennessee, the Carolinas, and 
Georgia. Churches and school-houses sprang up wherever 
this class of people located, and their communities were 
noted for hospitality and public spirit. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 59 

QUESTIONS ON CHAPTER IX. 

What act for the benefit of education in Mississippi Territory was 
passed in 1803? Who was appointed Governor of the Territory? 
Who was made Secretary? What proclamation was issued by Govern- 
or Williams soon after his arrival ? Character of the new Governor? 
What of border difficulties ? How settled ? What of Toulmin's Digest 
of the Laws of the Territory? Mention the names of some young 
men of ability who came to the Territory about this time? How did 
the Spaniards violate the terms of their treaty with the United States 
in 1806 ? What preparations were made to resist this invasion ? Who 
commanded the troops from Mississippi Territory ? How was the diffi- 
culty finally settled? What proclamations were issued in 1806 by the 
President of the United States and the Governor of Mississippi Terri- 
tory? When did Aaron Burr make the descent of the Mississippi 
river ? Where was his further progress first opposed ? What demand 
was made by Governor Mead? What of Burr's force? What con- 
dition was made by Burr in surrendering? Give the particulars of his 
arrest and the dispersion of his followers ? Would such an invasion 
as Burr's be considered formidable at the present time? Who was 
Attorney-General of the Territory at the time of Burr's arrest? His 
opinion of the case? Burr's escape? Recapture? Trial before the 
United States Courts? His acquittal ? Public opinion ? What of the 
conduct of Governor Mead during the excitement caused by Burr's 
arrest? When did Mississippi become entitled to a representative in 
Congress? What prevented a rapid increase of immigration? First 
bank in the Territory? What did Mississippi Territory offer about 
this time? What of pioneer life in Mississippi Territory ? Character 
of new settlers ? 



60 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER X. 

1809-1813. 

1. On the 4th of March, 1809, David Holmes, of Harris- 
burg, Pennsylvania, was appointed Governor of Mississippi 
Territory. He soon established the reputation of a man of 
great wisdom and justice, especially in his decisions on cases 
of disputed land claims. The country was rapidly develop- 
ing, notwithstanding these disputes over titles, which con- 
tinued until the whole of West Florida was transferred from 
Spanish to American rule. New counties were formed in 
rapid succession. Amite, Wayne, Franklin and Warren 
were organized in 1809; Greene and Marion in 181 1 ; 
Jackson and Hancock in 1812. From 1810 to 1812 the 
Territory was menaced by Indian warfare. The various 
tribes of Indians in and around it began to manifest signs of 
decided unfriendliness, notwithstanding the treaties that had 
been made from time to time. 

2. The Choctaws, who, from the days of Iberville and 
Bienville, had been the firm friends of the whites, showed a 
disposition to rebel against the firm rule of Governor Holmes. 
A war between the United States and Great Britain was 
pending, and the change in the sentiments of the Indians was 
attributed to the influence of the agents of the latter country. 

Tecumseh, the celebrated chief of the North-west, visited 
the Southern tribes and was, unhappily, too successful in 
his efforts to inaugurate a war against the whites. The 
Choctaws and Chickasaws, after some wavering beneath 
the fiery eloquence of Tecumseh, finally concluded to remain 
true to their alliance with the United States, but the Creeks, 
a very powerful Southern tribe, joined with the Spaniards 
and English against the Americans. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 61 

3. The Spaniards were almost as troublesome as the 
Indians. They still occupied the port of Mobile, and exacted 
heavy duties on all articles passing through their hands. 
They also sent out secret emissaries to the Indians, endeav- 
oring by all possible means to incite an insurrection against 
the American settlers. The settlements on the Tombigbee 
were surrounded on almost every side by the Creeks and 
Choctaws, so that in case of war it would be almost impos- 
sible for the settlers to escape destruction. Realizing the 
danger incurred from the close proximity of the Spaniards, 
they determined that if they could obtain no assistance from 
the general government they would take the matter into 
their own hands. 

4. Trouble with the Spaniards in regard to the boundary 
line between the two governments was again renewed, and 
the neutral ground lying on the borders was the scene of 
constant and bloody warfare. Troops sent by the United 
States to quell disturbances and enforce the terms of the 
treaty with Spain were joined by many brave volunteers 
from Mississippi Territory, eager to reclaim American soil 
from foreign dominion. Under these difficulties, Governor 
Holmes acted with great energy and promptitude. He 
ordered a draft of the Territorial militia to be taken in July, 
1812, to assist in the defense of the Territory, but before 
the order could be enforced a sufficient number of men from 
the different regiments had volunteered to form a brigade, 
rendering the taking of a draft unnecessary. The brigade 
was placed under command of Colonel F. L. Claiborne, 
brother of Governor Claiborne, of Orleans Territory, and 
was ordered in June, 1813, to proceed to Mount Vernon, 
a point on the Alabama river, easy of communication with 
Mobile. 

5. Congress had in the early part of the year, in response 
to repeated petitions from the inhabitants of Mississippi, 
issued orders to General Wilkinson, commander of the 



62 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

army, to proceed against Mobile and demand its surrender. 
On the 8th of March the demand was made, and the 
Spanish troops, unable to resist a superior force, withdrew, 
not only from the forts they had occupied, but evacuated the 
Territory entirely, giving the United States troops peaceful 
possession. 

6. The settlers in this portion of the Territory, though 
relieved of the intrigues of the Spaniards, were constantly 
intimidated by the Creeks, who showed open signs of 
hostility. Every precaution against surprise had been 
taken by the inhabitants of the threatened district, even 
before the arrival of troops among them, and these precau- 
tions were encouraged by General Claiborne, who distrib- 
uted his forces in the best possible manner for the defense 
of the settlements. Stockades had been erected by the 
citizens of the different communities, into which their wives 
and children had been gathered for protection. In the block- 
house at Fort Mims alone were crowded nearly two hundred 
women and children under the protection of the garrison. 

7. On the 27th of July, 181 3, the battle of Burnt Corn 
Creek was fought between a body of militia under Colonel 
Caller and a large force of Creek Indians. The Indians 
fought stubbornly for awhile, but were compelled at length 
to retreat. The most advanced of the stockade forts and 
the one most exposed to attack was Fort Easely, on the 
Tombigbee river. It was crowded with women and chil- 
dren, refugees from the surrounding country, and was 
defended by a force of only ten or twelve men. In August, 
181 3, a large force of Indians set out to attack this point, 
but the inmates of the fort, having been apprised of their 
intentions, applied to General Claiborne, at Mount Vernon, 
for assistance, and that officer, at the head of a detachment 
of troops, arrived at the fort just in time to prevent the 
threatened attack. 

8. The Indians, baffled at this point, determined to seek 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 63 

revenge elsewhere. Fort Mims, now within the limits of 
Alabama, contained a garrison of over one hundred men, 
commanded by Major Beasely, an experienced Indian fighter 
and a brave man. Fort Mims was considered one of the 
strongest points in the Territory, having a plentiful store of 
provisions and ammunition, and being so well-guarded by 
soldiers of experience and bravery. For this reason it was 
crowded with women and children from all the surrounding 
country, .who had fled thither for protection from the blood- 
thirsty savages. 

9. On the 30th of August, 1813, the garrison was sur- 
prised while at its noonday meal by an attack from a body of 
about one thousand Creek warriors, hideous in paint and 
feathers, and yelling like demons. Major Beasely, the com- 
mandant, fell dead at the first fire, and before the soldiers 
could recover from their surprise at the sudden onslaught, 
the work of murder had begun. Men, women and children 
were butchered in cold blood, after the most approved manner 
of Indian warfare. No mercy was shown on account of age 
or sex. The soldiers of the garrison fell at their posts, 
fighting bravely to the last, the foe being .ten to one. The 
sick and wounded in the fort were murdered, the buildings 
set on fire, and the bodies of the dead thrown without the 
enclosure. 

10. The Indians' losses in killed and wounded were quite 
heavy, the brave soldiers of the garrison having used their 
weapons with terrible effect. Not more than ten or twenty 
out of the two hundred and seventy-five inmates of the fort 
escaped to Mount Vernon to tell the terrible news, and some 
of that number died soon afterward of wounds received in 
the fort. 1 he news of the massacre at Fort Mims spread 
consternation throughout the entire Territory. A general 
uprising of the Indians was anticipated, and whole settle- 
ments along the frontier were abandoned, men leaving their 
crops in the fields unharvested, and crowding with their 



64 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

families into the stockades, where the presence of the 
soldiers afforded some protection. 

ii. Had the Choctaws and Chickasaws, at this juncture, 
united with the Creeks against the whites, the extermina- 
tion of the settlers would have been easily effected. That 
the Choctaws united with the whites instead, for the pro- 
tection of the Territory, was due to the influence of Push- 
ma-ta-ha, one of their chieftains, who had long been the 
faithful friend and ally of the whites. His efforts to insure 
their safety were ever afterward remembered with gratitude 
by the whites. The Chickasaws, who had been wavering 
between their natural thirst for blood and their alliance with 
the whites, on seeing the firm stand taken by the Choctaws, 
followed their example, and declared for peace and union 
with the inhabitants of the Territory. 

This was a period of great peril to the whites, who con- 
sidered themselves as being exposed daily to the treachery 
or open enmity of the red men. The Chickasaws, one of 
the bravest and haughtiest of the Mississippi tribe of Indians, 
naturally considered the presence of the white man upon the 
soil of their forefathers a standing menace to their dearest 
rights, and in their bosoms, notwithstanding their repeated 
professions of friendship, there ever lurked the secret desire 
for revenge. 



QUESTIONS ON CHAPTER X. 

Who was next appointed Governor of Mississippi Territory? What 
reputation did he soon establish? What of the development of the 
country? What new counties were established in rapid succession? 
What danger menaced the Territory from 1810 to 181 2? What disposi- 
tion was shown by the Choctaws? What war was pending? What 
celebrated Indian chief visited the Southern tribes, and for what pur- 
pose? What effect did his fiery eloquence have upon the different 
tribes of Mississippi Indians? How did the Spaniards render them- 
selves troublesome ? What of the dangers to the settlements on the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 65 

Tombigbee? What course was it thought best to pursue? What 
caused the troubles on the border to be again renewed? What action 
was taken by Governor Holmes? Under whose command were the 
Mississippi troops placed? What orders were issued by Congress in 
response to the petitions from the people of the Territory? What was 
the result ? Show how the people of that portion of the Territory were 
menaced by the Creeks after the departure of the Spaniards. What 
precautions against surprise were taken by the whites? What of Fort 
Mims? When was the battle of "Burnt Corn Creek" fought? 
Between what forces? With what results? What fort occupied the 
most dangerous position ? How was the intended attack of the 
Indians on this fort diverted? Describe the situation at Fort Mims at 
this time. Tell of the surprise of the garrison and the dreadful 
massacre that ensued. What of the Indian losses in the attack upon 
Fort Mims? How many of the inmates of Fort Mims escaped to tell 
the dreadful news? What effect did this massacre have upon the 
people of the Territory? What would have been the result if the 
Choctaws and Chickasaws had united with the Creeks at this 
juncture? To whose influence is it due that they did not? How did 
the firm stand of the Choctaws influence the haughty Chickasaws ? 
Natural feelings of the latter? 




66 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XI. 
1813-1817. 

1. Soon after the fall of Fort Mims, Governor Holmes 
ordered out the Territorial militia, both infantry and cavalry. 
The cavalry, under the leadership of General Thomas Hinds, 
repaired to Mount Vernon, and were followed a few days 
later by four companies of infantry. They were placed 
under General Claiborne's command, and he was instructed 
to prepare for active service. Claiborne and his troops had 
been anxious from the beginning of the campaign to invade 
the country of the Creeks, and thus " carry the war into 
the enemy's country." General Flournoy, who had suc- 
ceeded to the command of the regular troops, declined to 
issue orders to that effect, believing that a larger force than 
they could muster would be necessary for such an expedition. 

2. When General Andrew Jackson, the popular hero and 
beau ideal of the people of the South-western States, was 
placed at the head of the campaign against the Indians who 
were menacing the lives and property of the people of those 
States, he at once adopted the policy which had been vainly 
recommended by the people of the Territory, and Claiborne 
was authorized to proceed at once into the heart of the 
Creek nation. 

3. After the massacre at Fort Mims, the Creeks antici- 
pated the measures that would be taken by the whites to 
avenge the atrocity, and fortified themselves in a dense 
swamp on the eastern bank of the Alabama river, at a 
place well known to history as " Eccanachaca," the neck of 
which had been fortified by the Creeks and the enclosed 
space called the "Holy Ground." Here Weatherford, a 
half-breed Indian, urged the Creeks to make a stand and live 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 67 

or die for their nation's rights. Their fanatical " prophet," 
who was a brother of the famous Tecumseh, also exhorted 
them not to have any fears of the whites, telling them that 
the ground within the enclosure would open and swallow 
the first pale-face who should set foot within the enclosure. 

4. Alas! for the poor deluded followers of the false 
prophet. The whites and Choctaws under Claiborne and 
Push-ma-ta-ha, stung with madness at the thought of Fort 
Mims and its four hundred victims, assaulted the fortifica- 
tions with such fury that the defenders soon began to waver, 
then to fall back, and finally to fly precipitately from the 
Holy Ground, after they found that the words of the prophet 
were not verified. A number of white prisoners were found 
within the stockade bound to the stake with combustible 
material, ready to be ignited when the time for celebrating 
the victory should come. Large numbers of the Creeks 
were killed in the heat of battle, some precipitated them- 
selves headlong from the bluffs into the river, while a 
comparatively small number saved themselves by flight. 
Among the last named was Weatherford, the half-breed 
leader, who had been an active participant at Fort Mims, 
and who knew that it would be worse than death for him to 
fall into the hands of those whom he had so deeply injured. 
The power of the Creeks was broken forever. Like the 
Natchez, their name and prowess were relegated to the past, 
and the " places that knew them, knew them no more for- 
ever." They defended their homes with a bravery equal to 
that of the Greeks and Spartans, and but for the cruelties 
that stained their victories, would live in history as the 
" bravest of the brave." 

5. Among the volunteers who accompanied General Clai- 
borne on this campaign were many young men who 
afterward became prominent in the public life of Mississippi. 
Two of them, Gerard Brandon and Abram Scott, were sub- 
sequently elected to the governorship of the State. Push- 



68 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ma-ta-ha, with his chosen band of Choctaw warriors, covered 
themselves with glory on this expedition, and their services 
were adequately rewarded by the authorities of the Territory. 

6. General Claiborne died soon after his return from this 
expedition. After the pride of the haughty Southern 
Indians had been thoroughly humbled by General Andrew 
Jackson at the battle of the Horse-shoe Bend and other 
places, the conquering hero proceeded to the defense of 
New Orleans, the troops of the Mississippi Territory accom- 
panying him under the leadership of Colonel Thos. Hinds. 
They participated in the great battle fought there, rendering 
important service to the American cause. A company from 
Natchez, commanded by Captain James C. Wilkins, also 
distinguished themselves by their bravery in this engage- 
ment. The war between Great Britain and the United 
States greatly affected the prosperity of Mississippi Terri- 
tory by reducing the price of cotton, which was already the 
staple production of the country. The price of lands went 
down to one-half their real value, and immigration for the 
time ceased entirely. Mr. Poindexter, who had represented 
the Territory in Congress from 1807 to 181 3, was appointed 
this year one of the Judges of the Supreme Court of the 
Territory. Mr. Lattimore, formerly a delegate to Congress, 
was elected to succeed Mr. Poindexter. 

7. The population of the Territory by this time amounted 
to about sixty thousand persons, and Congress was peti- 
tioned to allow the people to form a State Government. 
Before this was done it was considered expedient to divide 
the Territory, drawing a line from north to south through- 
out its entire length, organizing the eastern portion into 
Alabama Territory and the western into the State of 
Mississippi. 

8. The boundaries of the new State, which was admitted 
into the Union in 1817, were as follows: On the north by 
the southern boundary line of the State of Tennessee, east 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 69 

by the Territory of Alabama, south by the Gulf of Mexico 
and Louisiana, and west by the Pearl and Mississippi rivers, 
which separate it from Louisiana and Arkansas. A narrow 
strip of land about ninety miles in length and fifteen miles 
wide extends south of the main body of the State to the 
Gulf of Mexico. Independently of this tract of land, the State 
lies between thirty-one and thirty-five degrees north lati- 
tude, and extends from eighty-eight degrees, twelve minutes, 
to ninety-one degrees, thirty-six minutes, west longitude. 
In the northern part the State is about one hundred and 
sixteen miles wide, but expands to the South to a width of 
one hundred and eighty-nine miles, and its length, exclusive 
of the strip bordering on the Gulf, is about two hundred and 
seventy-five miles. The whole area of the State comprises 
about forty-seven thousand one hundred and fifty-six square 
miles. 

9. The surface of Mississippi slopes generally toward the 
south and south-west, as is indicated by the course of the 
rivers, though a few of them flow to the south-east. The 
portion bordering on the Mississippi is low and swampy, 
and between the Mississippi and Yazoo rivers there is an 
area of nearly seven thousand square miles which is 
subject to overflow. This portion of the State, now usually 
spoken of as the Delta, is the most fertile land, perhaps, on 
the globe, being composed of the rich black, alluvial deposit 
of ages of overflow. Between Memphis and Vicksburg the 
country lying on the river from a width of ten to thirty or 
forty miles is subject to inundation, though numerous levees, 
erected at a great expenditure of time, money and labor, 
serve as bulwarks to the greater portion of the country. 
The south-eastern portion of the State is generally low and 
undulating; the southern, sandy and level, and covered 
with pine and cypress swamps. There are no mountains in 
the State and but few hills. 

10. Mississippi is a well-watered State, having numerous 



70 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

rivers, lakes and bayous interspersed throughout her bound- 
aries. The Tennessee river washes its north-eastern 
boundary, and the Tombigbee rising in this section is navi- 
gable as far as Aberdeen. The mighty Mississippi laves its 
whole western border and receives into its bosom from 
different portions of the State several other streams of con- 
siderable size. The Yazoo, called by the Indians " The 
River of Death," is navigable for large boats for a distance 
of about fifty miles. It is formed by the junction of two 
smaller rivers, and flows into the Mississippi about twelve 
miles above Vicksburg. The Big Black, over two hundred 
miles in length, fifty of which are navigable, flows into the 
Mississippi just above Grand Gulf. Pearl river, rising near 
the center of the State, flows through a fertile region into 
an outlet of Lake Pontchartrain. Below the thirty-first 
degree of north latitude it forms the boundary line that 
divides the State from Louisiana, and is navigable for steam- 
boats for a considerable distance above its mouth. The 
Pascagoula, which waters the south-eastern section and is 
navigable for steamboats about one hundred and fifty miles 
from its mouth, empties into the Pascagoula Sound. 

ii. The coast extending along the Gulf of Mexico for 
about sixty miles has only two harbors, and those do not 
admit large vessels. Ship and Cat Islands, however, are 
eligible stations for ocean steamers, and the largest fleets 
might anchor there in safety. The principal ports on the 
Mississippi are Vicksburg, Grand Gulf and Natchez. Missis- 
sippi is one of the finest agricultural States in the Union. 
Over half of its area is remarkable for fertility. In the 
river, or " bottom" counties, the yield of cotton to the acre 
is enormous, and all over the State the staple agricultural 
productions are grown in the greatest abundance. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 71 

QUESTIONS ON CHAPTER XI. 

What action did Governor Holmes take soon after the fall of Fort 
Mims? Under whose command were the troops placed ? What plan 
of warfare had Claiborne and his troops wished to pursue from the 
first? Why did not General Flournoy issue orders to that effect? 
What policy did General Andrew Jackson adopt? Why was he the 
idol of the people of the South-western States? In what secluded 
place did the Creeks fortify themselves against the attack from the 
whites? Who was their leader? How did their false "prophet" 
deceive them? Who led the Choctaws to the attack upon the " Holy 
Ground?" What was the result of this battle? What two future 
governors of the State of Mississippi were among the volunteers in 
this campaign ? When did General Claiborne die ? Where did General 
Jackson proceed after the battle of Horse-shoe Bend? Who led the 
Mississippi troops? On what battle-field did they win undying fame? 
How did the war between Great Britain and the United States affect 
the prosperity of Mississippi Territory? Career of Mr. Poindexter? 
Who succeeded him in Congress? Population of the Territory at this 
time? To what division of Territory and change in the form of 
government did it lead? Give the boundaries of the new State of 
Mississippi. When was it admitted into the Union? Between what 
degrees of latitude does the State lie? Longitude? Dimensions of the 
State? Whole area of the State? How does the surface of the State 
slope? What portion of the State is subject to overflow? Character 
of lands in the Delta? What of lands reclaimed by levees? Other 
portions of the State? Give the names and general directions of the 
rivers by which our State is watered. Length and character of our 
Gulf Coast. Principal ports on the Mississippi. Mississippi's claim 
as a fine agricultural State. Principal staple. 



72 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XII. 

1817-1819. 

1. The Convention which formed the first Constitution 
of Mississippi met for that purpose on the first Monday in 
July, 1 817. It was composed of forty -four delegates from 
the fourteen counties of Adams, Amite, Claiborne, Franklin, 
Greene, Hancock, Jackson, Jefferson, Lawrence, Marion, 
Pike, Warren, Wayne and Wilkinson. Lawrence county 
was organized in 18 14, and Pike formed out of Marion in 
181 5. The Convention met in the old Methodist church in 
Washington, Adams county. 

2. David Holmes, late Governor of the Territory, was 
made President of the Convention, and Lewis Winston, 
Secretary. The different members of the body were nearly 
all representative men — men whose names appear subse- 
quently in the State's history in connection with positions 
of honor and renown. 

At least five of the number were future governors. Adams 
county sent quite a cluster of historic names — David Holmes, 
Josiah Simpson, James C. Wilkins, John Taylor, Joseph 
Sessions, John Steele, Christopher Rankin and Edward 
Turner. Among those from Jefferson were Cowles Mead, 
Joseph E. Davis and Cato West. Wilkinson sent George 
Poindexter, Daniel Williams, Abram M. Scott, John Joor, 
Gerard C. Brandon and Joseph Johnson. Walter Leake 
and Joshua G. Clarke were among the delegates from Clai- 
borne county. 

3. The State government, based on the Constitution 
formed by this Convention, was divided into three depart- 
ments — the Legislative, Executive and Judicial. The right 
of suffrage was granted, with some limitations, to every 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 73 

adult free, white male citizen of the State, and certain prop- 
erty qualifications were required of office-holders. 

4. The Legislature was to be composed of a House of 
Representatives and a Senate, and it was directed that the 
first session of the Legislature should be held at Natchez, 
beginning on the first Monday in October, 1817, and that 
afterward it should meet on the first Monday in November 
in every year, at such place as the law might direct. 

5. The supreme executive power of the State was vested 
in the governor, who must have been a resident of the 
United States for twenty years and for five years a resident 
of the State. He was to be chosen by a plurality of votes 
every two years, and was not to hold the office more than 
four consecutive years. A lieutenant-governor, possessing 
the same qualifications as the governor, was to be chosen at 
the same time and in the same manner. The lieutenant- 
governor, by virtue of his office, was to be president of the 
Senate. The governor was made commander-in-chief of 
the army and navy of the State, and of the militia, except 
when it should be called into the service of the United States. 

6. The judiciary of the State was to consist of one 
Supreme Court, composed of district judges, a Superior 
Court of Law and Equity for each county, held by a district 
judge, while the Legislature was given power to establish a 
separate Court of Chancery, a Probate Court for each 
county, and justices of the peace. 

7. All civil officers, except coroners, sheriffs, and those 
already enumerated, were to be appointed by the Legisla- 
ture. Ministers of the Gospel were excluded from the 
legislative and executive departments. The militia was to 
be organized by the Legislature, and was subject to the call 
of the governor in cases of insurrection or invasion. 

8. Judge Poindexter was chairman of the committee 
appointed by the Convention to draft the Constitution, and 
to his brilliant, but solid legal attainments, the State is no 



74 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

doubt largely indebted for her admirable charter. The 
State at that time was entitled to only one representative in 
Congress. Soon after the Convention, Judge Poindexter 
was elected to fill that office, and immediately took the fore- 
most place in Congress as an orator and debater. 

9. David Holmes, who had filled the office of Territorial 
Governor with such ability, was elected first Governor of 
the State of Mississippi. Lyman Harding was appointed 
Attorney-General, with a salary of one thousand dollars. 
Shields, Taylor, Hampton and Ellis were appointed judges 
of the four districts into which the State was divided. 
Taylor was the first Chief-Justice of the State. 

10. The first meeting of the Legislature was continued 
from October, 181 7, until February, 181 8. A vast amount 
of work was, of course, involved in arranging the statutes 
of the new State, and every detail was attended to with 
the utmost care and precision. Two members of the United 
States Senate were elected during the session. They were 
Walter Leake, formerly one of the judges of the Territory, 
and Thomas H. Williams, who had once been secretary of 
the same. 

11. The Constitution interposed no barrier to the pledge 
of the State's credit by the Legislature, and provided for 
the incorporation of banks with State capital. In 1818, the 
Bank of Mississippi was made a State bank. It was endowed 
with an additional capital of three million dollars, of which 
the State was to subscribe for one-fourth. She was also to 
appoint one-third of the directors. The charter was to run 
until 1 841, and during that time no other bank was to be 
incorporated. 

12. In 1819, Judge Poindexter made his celebrated speech 
before the Congress of the United States in defense of the 
conduct of General Jackson during the Seminole war. As 
Jackson, during the Creek war, saved Mississippi from the 
ravages of the Indians, the inhabitants had ever since 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 75 

regarded him with peculiar admiration and gratitude, and 
Judge Poindexter's eloquent defense of the character of the 
great general only represented the feelings of the entire 
population of the State. 

13. In 1819, Judge Poindexter was elected Governor of 
Mississippi, being elected over General Thomas Hinds, a 
soldier of 1812. General Patton, of Wayne county, was 
elected Lieutenant-Governor. Ex-Governor Holmes, who, 
as Territorial and State Governor, had served the country 
for eleven years, was sent to Congress as the successor of 
Judge Leake. His course in Congress was as blameless 
and free from mistakes as was his administration while 
occupying the Governor's chair in Mississippi. 

14. Politics, as yet, played a very unimportant part in the 
elections in Mississippi, the issues being entirely personal. 
Judge Poindexter and his opponent belonged to the same 
political party, yet the former received twice the number of 
votes cast for the latter. The inaugural address of the new 
Governor, delivered January 5, 1820, was a characteristic 
production, strong, brilliant and forcible. 

15. Governor Poindexter provoked many enemies by his 
fearless and independent course in public life. As has been 
said of some other celebrated personage, he was a "good 
hater," and was generally able to return blow for blow 
when his motives were assailed. The practice of dueling 
was very much in vogue during his time, and the polished 
statesman was seldom without his "affairs of honor." At 
the same time, he was the idol of his friends, and his worst 
enemies were forced to admit his ability. 



QUESTIONS ON CHAPTER XII. 

When did the first Constitutional Convention of Mississippi meet? 
Where? Of how many delegates was it composed, and how many 
counties did they represent? Who was made President of this Con- 



76 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

vention? Representative men of this body? Mention some names 
that afterward became historic. Into what three departments did this 
Convention divide the State Government? To whom was the right 
of suffrage granted? In whom was the Legislative power vested? 
The Executive? The Judicial? What class of civil officers were to 
be appointed by the Legislature? Militia? Ministers of the Gospel? 
To whom is the State largely indebted for her admirable charter? To 
what high office was Poindexter elected soon after? First Governor 
of the State of Mississippi ? Attorney-General ? Judges of the four 
districts into which the State was divided ? When was the first 
meeting of the Legislature held? What important work was done? 
Members of the United States Senate elected at this session ? When 
was the Bank of Mississippi endowed? What celebrated speech was 
made by Senator Poindexter in 1819? To what State office was he 
elected the same year ? Who was Judge Leake's successor in Con- 
gress ? Did politics play an important part in the Mississippi elections ? 
How did Governor Poindexter render himself unpopular with many? 
The practice of dueling at that time ? 




HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 77 



CHAPTER XIII. 

1 820-1 82 1. 

1. Covington, Perry, Monroe, and Hinds counties were 
organized by the Legislature of Mississippi during the annual 
sessions of 1819, 1820 and 1821. In 1820, Congress empow- 
ered President Monroe, General Jackson, and General 
Thomas Hinds, of Mississippi, to treat with the Choctaw 
Indians in reference to the exchanging of a portion of their 
lands in Mississippi for a domain west of the Mississippi 
river, where they might be collected and settled together, 
schools for the education of their children established, and 
the civilization of the whole tribe promoted. The treaty 
was made with the " Head Men," or, as it is quaintly 
worded, with the " Mingoes " of the Choctaw nation, on 
the 1 8th of October, 1820, and was ratified January 8, 1821. 
This was the first step taken toward the final removal of the 
Mississippi Indians from the State. 

2. During Governor Poindexter's term of office he was 
empowered by the Legislature to revise and consolidate the 
Statutes of the State. The first Act concerning the work 
was passed February 12, 1821, and by June, 1822, the work 
was completed. The great erudition and the vast amount 
of legal lore brought to bear upon this work was worthy of 
its distinguished author. For many years " Poindexter's 
Code " continued to be the highest legal authority known 
in the State. Previous to that time " Turner's Digest," 
compiled while Mississippi was yet a Territory, was the 
accepted authority on questions of legal import. 

In 1 82 1, the Legislature established a Superior Court of 
Chancery within the State, dividing it into two districts and 
providing for the appointment of a Chancellor. 



78 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Judge Joshua G. Clarke, of Claiborne county, was the 
first Chancellor appointed in the State. The system of 
county courts was established in 1822, consisting of a pro- 
bate judge and two associates, with limited and special 
jurisdiction. This system remained unaltered until 1832. 

3. Public attention about this time was attracted very 
generally to the cause of education. The Constitution of 
1817 contained the following clause: "Religion, morality, 
and knowledge being necessary to good government, the 
preservation of liberty, and the happiness of mankind, 
schools and the means of education shall be forever encour- 
aged." It will thus be seen that our noble commonwealth 
has, from a very early day in its history, fostered education 
for all classes of its citizens. Thus we find in one of Gov- 
ernor Poindexter's annual messages the following pertinent 
suggestion : " The avenues to education and knowledge 
ought to be made accessible to every youth without distinc- 
tion of rank. From the humblest cottage surrounded by 
penury and want, the brightest luminaries of virtue and 
intellect often burst forth, and the hero or statesman is seen 
rising from obscurity, to add honor and renown to his country 
and adorn the pages of its history." 

4. The Governor of Mississippi was authorized by the 
Legislature, in 1821, to obtain the best information possible 
in regard to the most suitable location of the thirty-six sec- 
tions of land donated by Congress for the benefit of educa- 
tion. After the location of these "Seminary Lands," they 
were leased to the highest bidder and the proceeds appro- 
priated to the benefit of a corporation established by the 
Legislature and known as the " Literary Fund," of which 
the Governor was made president, and other State officers, 
directors. 

5. This Board was required to make an annual report to 
the Legislature, of the state of the funds committed to its 
care, and also in regard to the progress of education through- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 79 

out the State. At each successive meeting of the Legisla- 
ture for a number of years, the cause of education received 
the closest attention. Commissioners were appointed in 
each county for the supervision and distribution of the edu- 
cational fund and the employment of instructors who would 
" exert their best endeavors to impress on the minds of 
children and youth committed to their care and instruction 
the principles of piety, justice, and a sacred regard to truth ; 
love to their country, humanity, and universal benevolence; 
sobriety, industry and frugality ; chastity, moderation and 
temperance, and those other virtues which are the ornaments 
of human society and the basis upon which the Republican 
Constitution is structured." 

6. An act of the Legislature of 1826 required the Governor 
to subscribe, in behalf of the State, for one hundred and 
twenty shares of the stock of the Bank of Missouri, to be 
applied to the benefit of the " Literary Fund." 

7. On the 1 2th of February, 182 1, the Legislature of Mis- 
sissippi, growing tired of its wandering life, appointed a 
commission to select a site for the permanent location of the 
seat of government. Two sections were to be selected in 
the country lately ceded to the United States by the Choc- 
taw Indians, and were to be situated within twenty miles of 
the true center of the State, including that part occupied by 
Indian tribes. This act was afterward amended, and the 
commissioners authorized to select the "east halves of sec- 
tions three and ten, and the west halves of two and eleven, 
in township five, range one, east of the basis meridian," as 
a permanent location for the capital of the State. They 
were also authorized to lay off a town on such part of the 
location and on such plan as they might consider advisable. 
In honor of the hero of New Orleans, the brave soldier who 
had saved the Territory of Mississippi from the horrors of 
Indian warfare, the new capital was called Jackson. 

8. After the location of the site of the capital, a Superin- 



80 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

tendent of Public Buildings was at once appointed. To 
induce settlers to make Jackson their future home, the 
Superintendent was authorized to grant a right of preference 
in town lots to such persons as would agree to build log or 
frame house thereon, giving them two years in which to 
make payment to the State. Lots for religious and char- 
itable purposes and for a public cemetery were also laid off. 
A suitable lot on which to build a court-house, in case Jack- 
son should be the seat of justice for the county in which 
it should be situated, was reserved. The new town was 
situated at an eligible spot on Pearl river, on its western 
bank, the river being navigable for steamboats to that point. 

9. The plan for the capital city was accepted by the 
Legislature on the 30th of June, 1822. Public squares, 
designated respectively, "Capitol Green," "College Green" 
and "Court Green," were reserved exclusively and in per- 
petuity for the use and benefit of the city. A piece of land 
on each side of Pearl river, within the limits of the town, 
was reserved for the use of a ferry, which was to be leased 
for the benefit of the corporation. 

10. At the time of its location, Jackson was very near the 
center of population, but with the ceaseless tide of immigra- 
tion that has since poured into the State, it has long since 
ceased to occupy a central position. Attempts have been 
made at various times to transfer the seat of government to 
other localities, Vicksburg having at one time been strongly 
recommended ; but Jackson having in the course of time 
gained a strong hold upon the affections of the people, all 
efforts looking toward a removal were defeated. The capi- 
tol building and executive mansion were not erected within 
several years after the city was laid off. The meetings of 
the Legislature were held in a plain wooden building, the 
Senate occupying the upper and the House of Representa- 
tives the lower rooms. 

11. Jackson is now an important and growing city, and 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 81 

is the junction for a network of railway lines that traverse 
all portions of the State. Cotton in large quantities is 
shipped from that point, and the city has an extensive and 
growing trade. The city is regularly laid out, and many 
handsome private and public buildings are located within its 
limits. 



QUESTIONS ON CHAPTER XIII. 

What counties were organized from 1819 to 1821 ? What commis- 
sion was empowered by Congress in 1820 to treat with the Choctaw 
Indians? When and between whom was the treaty made? When 
ratified? What of " Poindexter's Code?" What court was estab- 
lished in 1821? First Chancellor of the State? System of courts? 
What striking clause from the Constitution of 181 7 in regard to educa- 
tion ? Give the extract from the Governor's Message relating to the 
same subject. What authority did the Legislature of 1821 bestow 
upon the Governor? What of the "Literary Fund?" What was 
required of the officers controlling this fund? Act of the Legislature 
of 1826? What of the commission appointed to select a site for a 
permanent State capital? Conditions required? Amendment to the 
Act? For whom was the new capital named? What public officer 
was appointed after the location of the capital? What efforts were 
made to induce settlers to locate in the new city? How is the city 
located geographically? Public squares? Is Jackson situated near 
the center of the population of the State ? What attempts have been 
made to change the location of the seat of government? Why have 
they always failed? In what place did the State Legislature hold its 
first meeting at Jackson? Jackson as a railway center? As a cotton 
market ? 



82 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XIV. 

1821-1825. 

1. Natchez, which for several years was the seat of the 
Territorial Government of Mississippi, was formerly distin- 
guished as the social and intellectual center of the State. It 
was the home of wealth and refinement, many prominent 
lawyers, merchants and planters residing there. It has 
always been the true type of a Southern city ; its streets 
broad, shaded, and handsomely laid off ; its residences orna- 
mented with large yards and beautiful gardens. From the 
first it was a great shipping port for cotton, its steamboats 
having connection with the entire Mississippi valley. The 
first cotton shipped by steamboat on the Mississippi river 
was sent from Natchez. 

2. Vicksburg is of much later origin than Natchez, the 
city proper dating back to about the beginning of Governor 
Poindexter's administration. Previous to that time the point 
at which it is situated was known as Walnut Hills, or, as it 
was called by the Spaniards, Fort Noagles. Rev. Newett 
Vick and his son-in-law, Rev. John Lane, both Metho- 
dist preachers, were the founders of the present city of 
Vicksburg. When they reached the Territory of Mississippi, 
the country around Walnut Hills was one unbroken forest, 
except a level tract of land to the north-east of where the 
city now stands, which, on account of its having been 
cleared of timber by the fires of the Indians, was known as 
the "Open Woods." 

3. Mr. Vick originated the plan of. laying off a large city 
on the present site of Vicksburg, but, unfortunately for the 
city, died before his arrangements were matured. Mr. Lane 
took up the unfinished work and carried it out with ability 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 83 

and fidelity. When the value of the proposed city was dis- 
played by the maturing of Mr. Vick's plans, numerous con- 
testants for the property arose, and the whole was at once 
enveloped in a net-work of litigation, which was "protracted 
through many years. 

4. Notwithstanding the obstacles in the shape of litigation 
that lay in the way, the city flourished from the time it was 
laid out. Lots were surveyed and sold with wonderful 
rapidity, the city and the heirs of Mr. Vick sharing the 
profits equally. The old -Spanish fort stood about one and 
one-fourth miles distant from the present court-house. There 
was at one time a cemetery near the river in front of the 
fort, but the waters of the Mississippi encroaching upon it, 
gradually washed it away. Vicksburg, like Natchez, has 
always been noted for the wealth and culture of its inhabi- 
tants. The court-house was for many years at Warrenton, 
and for many years Wm. L. Sharkey was the only lawyer 
in the county, so that when both sides of a question were to 
be argued, one of the parties to the lawsuit had to go else- 
where for counsel. 

5. In 1820, the road leading eastward to Mount Salus, 
since called Clinton, was opened, and in 1824 an appropria- 
tion was made by the Legislature to extend it to Jackson. 
In 1822, Governor Poindexter was succeeded by Judge 
Leake, formerly Congressman from the State, and a mem- 
ber of the first Convention. 

On the expiration of his term of office, Mr. Poindexter 
became a candidate for Congress. Christopher Rankin, who 
had also been a leading member of the Convention of 1817, 
was his opponent, and, for the first time in his political 
career, Mr. Poindexter was defeated. This was attributed 
to an unpopular clause in his " Revised Code," though his 
opponent was an eminent lawyer and a practical statesman, 
worthy of the confidence reposed in him. 

6. Governor Leake was a strong advocate of the cause of 



84 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

public education, and it was mainly through his exertions 
that the Legislature took such important and repeated action 
upon this subject. He made constant and effective appeals 
not only to the Legislature, but to the people themselves, in 
behalf of education. The country developed rapidly during 
his term of office. Its natural resources began to be discov- 
ered and appreciated. It was discovered that not only cot- 
ton, but corn, wheat, and other grains ; sugar-cane, rice, 
potatoes, and other vegetables ; fruits of nearly every 
variety, and melons in abundance, could be raised in Mis- 
sissippi. 

7. The immense forests of long-leaf pine had, from the 
earliest period of colonization, attracted the attention of ship- 
builders, and it was found that the upland country was cov- 
ered with a fine growth of the different varieties of oak, 
hickory, poplar and maple, while the bottoms were covered 
with immense cypress-brakes, rendering the supply of tim- 
ber in the State almost inexhaustible. Immigration from the 
older States was constantly attracted by these advantages, 
and the population showed a marked increase from year 
to year. 

8. During Governor Leake's term, citizenship was con- 
ferred upon the different tribes of Indians within the State, 
the laws being applied to them in the same manner as to 
the white inhabitants. About this time the r policy of Gen- 
eral Jackson in regard to the removal of the Indians to a 
separate territory far to the west of the Mississippi was 
adopted by the general government. This caused great 
discontent among the Mississippi Indians, especially among 
the Choctaws, who, by living on such terms of friendship 
and intimacy with the whites, had acquired a degree of civ- 
ilization which had not been attained by the other tribes. 

9. In 1823-4, their two half-breed chiefs, Greenwood Le 
Flore and David Folsom, were at the height of their fame 
and influence. By acquiescing in the demands of the United 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 85 

States for the removal of their tribe, they incurred the dis- 
pleasure of the entire nation and lost forever an influence 
which had been almost regal in power, while the two chiefs, 
Nuckatachie and Mushulatubbe, who were bitterly opposed 
to the contemplated movement, gained what their colleagues 
had lost. From this time until the final treaty, which con- 
summated the plan of removal, there was open enmity 
between the leaders of the Choctaws, which, but for the 
sagacity and forbearance of the half-breed chiefs, would 
have terminated in bloodshed. 

10. At the expiration of four years, Governor Leake was 
succeeded by David Holmes, who resigned his seat in 
Congress to take the governor's chair. Though somewhat 
advanced in years and in declining health, he still occupied 
the first place in the hearts of the people. Judge Powhattan 
Ellis was appointed to the place in Congress made vacant 
by the resignation of Governor Holmes. 

ii. The two political parties in Mississippi in those days 
were the "Federalists" and the " Republicans," though the 
difference of opinion between the adherents of each was not 
marked and was characterized by but little of the bitterness 
of modern politics. Slavery, that great element of future 
discord, had not, as yet, become the theme of public discus- 
sion, as all New England had, until within a recent period, 
been engaged openly in the slave trade. 

12. Politicians dealt very strongly in personalities in those 
days. The public press was becoming a very powerful 
agent in affairs of State and government, and candidates for 
political preferment were learning to respect the opinions of 
political editors. Appeals to the so-called " Code of Honor" 
were not infrequent, and a man lost nothing in reputation by 
being an expert duelist. 

13. Governor Holmes entered upon the duties of his office 
while the country was enjoying an unexampled degree of 
prosperity. 



86 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

He was authorized by the Legislature soon after his 
inauguration to collect from the general government from 
time to time the amount to which the State was entitled 
from the proceeds of the sales of public lands. The amount 
collected was deposited in the State treasury and the 
Treasurer authorized to open an account called the "three 
per cent, fund," which could be used only for such purposes 
as the law of the State might direct. 

14. The prospect of the extinguishment of the Indian 
titles greatly enhanced the value of lands in Mississippi. 
New settlements were cleared in the fertile wilderness, 
immense plantations, sometimes embracing thousands of 
acres, were opened and cultivated, by African slaves, whose 
merry songs resounded in strange contrast to the ancient 
warwhoop and cruel death-song of the savage Indian. The 
older Southern States poured an unceasing tide of immigra- 
tion into the boundaries of the new "Cotton State," and 
life in Virginia, the Carolinas, Georgia, Tennessee and Ken- 
tucky was reproduced in the plantations of Mississippi on a 
new and often more magnificent plan. 

15. In Georgia the question of the extinguishment of the 
Indian titles had brought the country almost to the verge of 
civil war, so slow was the general government in fulfilling 
its promises that the Indians should be removed as soon as 
possible; much ill-feeling between the State and the United 
States was engendered by the delay. 



QUESTIONS ON CHAPTER XIV. 

For what has Natchez from the first been distinguished? Streets 
and residences ? Shipping port? How far back does Vicksburg date? 
Who were the founders of the present city of Vicksburg? Who origi- 
nated the plan of the city? Who carried it out? What litigation arose 
concerning it? For what has Vicksburg always been noted? What 
appropriation was made by the Legislature in 1824? Who succeeded 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 87 

Governor Poindexter? Who defeated Poindexter for a seat in 
Congress ? To what was his defeat attributable ? In what vital ques- 
tion was Governor Leake very much interested? How were the 
natural resources of the country developed during his administration ? 
What of the forests of long-leafed pine in the State? Other trees of 
native growth? Immigration from the older States? When was 
citizenship conferred upon the different tribes of Indians in the State? 
What policy was adopted by the general government in its dealing 
with the Indians? What tribe was found to be most susceptible of 
civilization ? What two half-breed Indian chiefs were at the height 
of their influence at this time? How did they incur the displeasure of 
their tribe? What two native chiefs gained the place in the affections 
of the tribe that had been lost by Le Flore and Folsom ? What alone 
prevented a bloody ending to this feud? Who succeeded Governor 
Leake ? Who succeeded Governor Holmes in Congress ? What 
two political parties in Mississippi at this time? Had slavery yet 
become an element of discord? Influence of the public press? Appeals 
to the " Code of Honor? " Condition of the country at the beginning 
of Governor Holmes' administration? What authority did the Legis- 
lature confer upon him ? For what purposes alone could the "three per 
cent, fund" be used? What enhanced greatly the value of lands in 
the State ? Class of laborers best suited to these lands ? 




88 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XV. 

1825-1829. 

1. Aside from the encouragement given to the cause of 
education by the State, private incorporations were being 
established in the older and more populous regions. Aside 
from Jefferson College, at Natchez, which had been estab- 
lished while Mississippi was yet a Territory, there were 
several highly respectable institutions of learning, all of 
which were enjoying a lucrative patronage. 

During the first year of Governor Holmes' administration 
(1825), Mississippi College, at Clinton, was incorporated. 
Sustained by the Baptist church, it has ever been an impor- 
tant factor in the educational policy of the State. Between 
the years 1814 and 1830 Wilkinson county had organized 
and was sustaining six academies of learning, and had char- 
tered the Jacksonian Library, at Woodville. Natchez and 
Washington, both in Adams county, each had a " Female 
Academy," chartered in 1819. " Franklin Academy," at 
Columbus, in Lowndes county, was established in 1821. 

2. In 1823, the counties of Copiah, Holmes, Kemper, 
Yazoo, and Jasper were formed; in 1824-6, Simpson, 
Jones, and Warren ; in 1827-8, Washington, Madison, and 
Rankin. In 1827, Powhattan Ellis and Thomas B. Reed 
were elected to the Senate of the United States, and Thomas 
Hinds to the House of Representatives. 

3. In the summer of 1827, a protracted drought seriously 
affected the planting interests of Mississippi. Fortunately, 
the autumn season for gathering crops was milder and more 
protracted than usual, so that the farmers were enabled to 
save their entire crops, else many would have suffered for 
the actual necessities of life. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 89 

The regular election for State and county officers fell on 
that year, and considerable political excitement existed. As 
a large proportion of the voters of the State represented 
agricultural interests, they were anxious to have one of their 
number represent them in the governor's office. Gerard 
C. Brandon, a prominent planter of Wilkinson county, 
who had already served the State as lieutenant-governor, 
was chosen for that purpose. Governor Brandon had been 
one of the leading members of the Convention of 1817, 
and previous to that time had been a soldier in the regular 
army. 

4. At the commencement of hostilities between Great 
Britain and the United States, in 18 12, he received a cap- 
tain's commission in one of the Mississippi regiments, and 
continued in the service until, at the urgent solicitation of 
Governor Holmes, he returned to Washington, Adams 
county, in order to take measures for the defense of the 
unprotected settlers, who were threatened with an incursion 
from the hostile Indians. He afterward rejoined the army, 
under the command of General John Joor, which arrived in 
New Orleans a few days after the battle of the 8th of 
January, 181 5, and was stationed at Bayou St. John, on 
Lake Pontchartrain. 

5. At the time of his election to the office of governor, 
Gerard Brandon was engaged in cotton-planting, being the 
owner of some of the finest lands in the State. Abram M. 
Scott, who had served with Governor Brandon, was elected 
lieutenant-governor. During this campaign there were no 
less than five candidates each for the offices of governor and 
lieutenant-governor. Three out of the five candidates for 
governor were named Williams. 

6. At the meeting of the Legislature in January, 1828, 
William L. Sharkey represented the county of Warren, this 
being his first entrance into public life. From the report of 
Hiram G. Runnels, auditor of public accounts, we find that 



90 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

there remained in the treasury, after deducting the literary 
and three per cent, fund, a balance of $21,210.94. 

The inaugural address of the new Governor was delivered 
on the 9th of January, 1828. He congratulated the people 
of the State that peace and prosperity reigned within their 
borders. 

7. That portion of the message referring to slavery 
deserves particular notice, as showing the attitude of 
Southern statesmen at that day toward this peculiar institu- 
tion, for the existence of which they were in nowise 
responsible. Many of the Southern States had at that time 
passed laws for the regulation of the sale of negroes within 
their borders. 

As there was no law in Mississippi against the importation 
of negroes from other States for purposes of traffic, the older 
slave States, especially the middle ones, where negro labor 
was unprofitable, sent their surplus black population here 
for sale. Governor Brandon protested against this custom, 
contending that "the large number of negroes annually 
brought into the State afforded ample grounds for serious 
apprehension in the minds of the white inhabitants; that 
slavery at best was an evil which invariably operated 
unfavorably against the poorer classes of communities into 
which it was introduced, by destroying the mutual depend- 
ence which would otherwise exist between the rich and the 
poor, and excluding from the State, in proportion to the 
number of slaves, a free white population, through the 
means of which alone can Mississippi expect to take 
rank with the other States of the Union. The State 
should, in her own defense, adopt such measures as should, 
as far as practicable, prevent the introduction of slaves for 
sale." 

8. In 1828, the Choctaw Indians held the "Grand Coun- 
cil" of their nation, for the purpose of ascertaining the 
general feeling among the people in regard to the relinquish- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 91 

ment of their lands east of the Mississippi river to the United 
States, and the subsequent removal of the entire tribe to 
the Indian Territory. 

The solicitations of the agents of the Government, com- 
bined with the influence of Greenwood Le Flore and David 
Folsom, had overcome the reluctance of a large portion of 
the tribe to leave Mississippi, which was so rapidly being 
peopled by the white and black races. 

9. The influence of Nutackachie and Mushulatubbe 
proved to be far stronger than had been anticipated, as 
it was decided in the " Grand Council " that the tribe was 
not yet ready for the ratification of the final treaty with the 
United States. The two full-blooded Indian chiefs per- 
suaded their followers, for a time at least, that Le Flore and 
Folsom were traitors to their own people, and in league 
with the Government to defraud them of their rights. 

10. Missionary labor among the Choctaws had developed 
many interesting facts concerning their manners, customs 
and peculiar traditions. Before the advent of the whites, 
they believed in a Great Spirit, who made and ruled all 
things. The highest class among them were the Medicine- 
men, who healed the sick, and were considered to have 
magical powers of incantation. Like other Indians, the 
Choctaws believed death to be only a short journey to a 
happier hunting-ground. His pipe and tobacco, implements 
of warfare and hunting, and sometimes his favorite horse, 
were buried with him, in the belief that in the future state 
of existence he would need them. 

11. The Choctaw women were the bread-winners and 
burden-bearers of the tribe. They planted and cultivated 
the crops, which consisted of small patches of corn and 
beans, provided fuel, made baskets and other articles of 
traffic, and provided for the wants of their households in 
various ways. Venison or bear's meat, with lye hominy, 
constituted their favorite meal. They were very fond of 



92 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

dress, and adorned themselves with a profusion of paint, 
feathers and jewelry. 



QUESTIONS ON CHAPTER XV. 

What of the progress of education in the State? When had 
"Jefferson College," at Natchez, been established? When was Missis- 
sippi College, at Clinton, established? " What counties were formed in 
1823? In 1827-8? Senators in the National Legislature in 1827? 
Who was elected to the National House of Representatives at the 
same time? What affected the planting interests of the State in 1827? 
Why was it thought best that the next Governor should represent the 
farming element of the State? Who was chosen for that purpose? 
How had he on two former occasions served his State? Give an 
outline of his public career. Who was elected Lieutenant-Governor? 
What is worthy of mention in connection with this campaign? First 
entrance of Wm. L. Sharkey into public life? Mention that portion 
of Governor Brandon's inaugural address deserving particular notice? 
Why was the "Grand Council" of the Choctaws held in 1828? 
What change had come over the feelings of the Choctaws in reference 
to leaving their homes? What, however, was decided by the "Grand 
Council?" To whose influence was this due? What interesting 
facts had missionary labor developed regarding the Choctaws? Their 
belief in a Great Spirit? Medicine-men? Happy hunting-grounds? 
What of the Choctaw Indians? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 93 



CHAPTER XVI. 

1829-1831. 

1. During Governor Brandon's term of office many plans 
of internal improvement were contemplated by the State, 
the Legislature, at one time, creating a " Board of Internal 
Improvement," consisting of the Governor and three com- 
missioners, one from each of the three different sections of 
the State, northern, eastern and western. The duties of 
this Board were the direction of "the improvement of the 
navigable rivers in the State, the construction of roads, and 
such other improvements as might be necessary." The 
aim of this plan was good, but its workings were not con- 
sidered practicable, and it was finally abandoned. 

2. In no other particular can the prosperity of a country 
be more strikingly manifested than by the construction of 
roads and other means of internal communication, and this 
fact was appreciated by the government and people of 
Mississippi at this period. After the failure of the contem- 
plated "Board of Improvement," special laws were enacted 
in reference to the construction of public highways, the 
opening up of navigable streams, and the establishment of 
ferries and bridges. The levee system, which afterward 
helped to redeem some of the finest lands in the State, did 
not come into general use until a much later period. 

3. The excitement concerning the disestablishment of the 
National Bank, engendered by the action of Andrew Jackson 
while President, reached fever height during the next few 
years. Many of the citizens of Mississippi at this time 
were in favor of locating a branch of the United States 
Bank at Natchez, on the expiration of the charter of the 
Bank of Mississippi, which would occur in a few years from 



94 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

that time. Governor Brandon opposed this plan, believing 
that it would be more beneficial to the general welfare of 
the State to establish banking institutions in different 
portions of her own territory, in the stock of which "she 
could either^become a participant or require a bonus from 
the stockholders equal to the prerogative they might enjoy." 
He believed that the introduction of a branch of the National 
Bank would defeat the establishment of State banks, and 
he recommended the resistance of the measure to the State 
Legislature. The fictitious prosperity which swept like a 
wave over the State of Mississippi about this time is often 
alluded to as the " Flush times in Mississippi." " Wild-cat 
Banks," as they were called, were established at nearly 
every "cross-road" town in the State, and the country was 
flooded with paper currency, necessarily very much depre- 
ciated in value. As a consequence, fortunes were made and 
lost in a day, and before this second " Mississippi Bubble ,: 
had exploded, half the population of the State was reduced 
to bankruptcy. 

4. In 1828-9 the accounts which had remained unsettled 
between the States of Alabama and Mississippi ever since 
the division of their Territory were adjusted by the 
Governors of the two States. In 1829 Governor Brandon 
and Lieutenaut-Governor Scott were re-elected to their 
respective offices. Governor Brandon was perhaps the 
most popular Governor of his generation. He was a man 
of advanced and practical views, as is evidenced by his 
utterances on the subject of slavery, the advancement of 
popular education, and the preservation of the purity of the 
ballot-box. His ideas were far in advance of the times in 
which he lived, and their wisdom has been confirmed by 
successive generations of law-makers. 

5. The receipts from the Treasurer of the United States, 
on account of the "three per cent, fund," amounted to a 
considerable sum annually, and were appropriated by the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 95 

State towards the encouraging of settlers in new and 
sparsely-settled portions of the country, and to the making 
of roads by which the transportation of the produce of their 
lands to market would be facilitated. Railroads in connec- 
tion with this State were not even dreamed of at this period. 

6. Thomas B. Reed, who had represented Mississippi in 
Congress since 1826, died in 1829, and the friends of 
ex-Governor Poindexter announced his name as a candidate 
for successor to the vacancy thus caused, although, on 
account of declining years and health, he had been obliged 
to refuse an appointment to the office of Chancellor made 
by Governor Brandon. On this account, Mr. Poindexter 
refused to use his personal influence in favor of obtaining 
the seat in Congress, though by so doing he might have 
gained it, notwithstanding the strenuous opposition of his 
political enemies. 

7. The opposing candidate for Congress was Robert H. 
Adams, a young and popular lawyer of Natchez. In the 
contest that ensued in the Legislature between the friends 
of Adams and Poindexter, the latter was defeated, although 
the influence of the Governor and other prominent officials 
was used in his behalf. Adams served only one session in 
Congress, his death occurring in the summer of 1830, at a 
time when his life gave promise of great usefulness and 
ability. His premature death was regarded as a public 
calamity, even his political enemies acknowledging his 
extraordinary qualifications for the place he held. 

8. Governor Brandon immediately appointed Mr. Poin- 
dexter to fill the vacancy in Congress, and at the next 
regular election on the 19th of November, 1830, he was 
chosen unanimously to fill the office for another term. It is 
said that on this occasion some of the citizens of the State 
carried their preference for Mr. Poindexter to such lengths 
as to instruct their delegates to "vote for him, dead or 
alive." From this we gather that political warmth and 



96 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

enthusiasm are not confined to any particular day or genera- 
tion. 

9. On the 15th of September, 1830, the famous treaty of 
"Dancing Rabbit Creek" was consummated. It was 
signed on the part of the United States by General John 
Coffee and John H. Eaton, agents, and on the part of the 
Choctaws, the other contracting party, by their " Mingoes, 
Chiefs, Captains, and Warriors." By this treaty the 
Choctaws ceded, with the exception of some small reserva- 
tions, all the lands that remained to them east of the Missis- 
sippi to the Government of the United States. 

10. The Government agreed to have the ceded lands sur- 
veyed and to allow no one to settle thereon until after the 
removal of the Choctaws. If it had kept faith in this 
particular, one very dark page in the history of our State 
need never have been written. The Indians, though 
reluctant to leave their lands, seemed for the most part to 
regard it as their inexorable destiny, and, with the stoicism 
peculiar to their race, set about making preparations for the 
change. They were very generous in their treatment of 
their old chieftains, not excepting Greenwood Le Flore and 
David Folsorn, who, about the time the treaty was made with 
the Government, had incurred the displeasure of their tribe 
to such an extent that for a time their lives were considered 
to be in jeopardy. Each of the four leading chiefs had a 
reservation of four sections of land assigned him by the 
terms of the treaty, two of which were to include the 
sections on which they had already located, the other two 
to be left to their own selection, the only stipulation being 
that they were to be chosen from unoccupied lands. 

11. Le Flore and Nuckatachie were to receive the sum 
of two hundred and fifty dollars annually for the remainder 
of their lives. Mushulatubbe was to receive one hundred 
dollars annually, having already been granted a pension of 
one hundred and fifty dollars annually by the provisions of 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 97 

a former treaty. The Choctaws were not unmindful of 
their veterans who had risked their lives in fighting the 
battles of their nation, and made special provisions for the 
"few Choctaw warriors yet surviving who marched and 
fought in the army with General Wayne." The commis- 
sioners reserved two sections and a half of land to John 
Pitchlyn, an interpreter, who for forty years had acted in 
the service of the United States; also a section to each one 
of his children. 

12. That famous warrior of the Choctaws, Push-ma-ta-ha, 
who had proven his devotion to the whites on many a 
bloody battle-field, was at one time sent to Washington 
City as a delegate from his tribe to the general government. 
While there, the veteran chieftain died, and his wife was left 
in extreme poverty, being too old and feeble to provide for 
herself. To her and to the widow of Puck-ts-hen-ubbee, 
another celebrated Choctaw warrior, the treaty of "Danc- 
ing Rabbit " assigned four sections of land each. 

13. A special grant of land west of the Mississippi river, 
in what is known as the Indian Territory, was made by the 
Government to the Choctaws. In consideration of this 
grant, the Choctaws relinquished their claim on all lands 
east of the Mississippi, and agreed to remove to their new 
homes as early as possible. 

The fourteenth article of this treaty afterward became a 
source of trouble to the Government and to the people of the 
State. It provided that those heads of Choctaw families 
who wished to remain and become citizens of the State 
should be allowed to do so, on complying with certain condi- 
tions, a reservation of land proportioned to the needs of the 
family being set aside for their support. A large number of 
Indians wished to remain on these terms, and as the lands 
were in great demand for white settlers, the agents of the 
Government had great difficulty in reconciling the claims of 

different parties. 

7 



'98 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

14. In addition to the grant of land west of the Mississippi, 
the United States agreed to pay to the Choctaws the sum 
of twenty thousand dollars for twenty consecutive years 
after their removal to the West. Notwithstanding these 
advantageous terms, many of the tribe were, to the last, 
opposed to the treaty, and the dissatisfaction with Le Flore 
and Folsom, who had promoted the treaty, broke out afresh, 
and they never afterward regained the influence they had 
lost. Neither of them accompanied the tribe in its removal 
from the State. 

15. As has been said before, the majority of the Choctaws 
were bitterly opposed to the sale of their lands and the 
wholesale removal of their tribe to the West. The Govern- 
ment pursued a vacillating policy towards them, the " Indian 
question" having now become an issue in national politics, 
and their " removal " or " non-removal " the watchword of 
the two parties. The Whigs opposed their removal on the 
grounds of justice and humanity to an inferior race which 
needed civilizing, while that party of which General Andrew 
Jackson was the honored exponent, believed that, as a 
matter of policy, if not of safety, it was best to remove them 
to what was then known as the "Far West." The great 
tidal wave of immigration that had now set in toward the 
South-west decided the question irrespectively of either 
party, and the poor Indian, forced to leave the home and 
graves of his fathers, turned his face westward with many 
a backward look toward the rising sun. Many individual 
members of the once proud and warlike Choctaws refused 
to be governed by the treaty which their leaders had signed, 
and years afterward were to be found in poverty and degra- 
dation and want, lingering fondly around the spots that 
once contained their ancestral wigwams. Many died of 
hunger and exposure, and those who survived to an ignoble 
old age were filled with hatred toward a government which 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 99 

they believed had perpetrated a crime in depriving them of 
their homes. 

16. Greenwood Le Flore was the son of a French trader, 
who had gained great wealth by his dealings with the Indians, 
and a Choctaw woman of great beauty of form and feature. 
The young half-breed in early life gave promise of great 
ability, and the father, anxious that his son should become 
a leader of his people, sent him to a school in Nashville, 
Tennessee, where he received a thorough and liberal educa- 
tion. After his return from school, though still quite young, 
he was chosen leader of his tribe, the voters of which having 
borrowed the idea from the whites, used the ballot-box for 
the first time. Finding himself at the head of a brave and 
generous people, the noble young chief set himself to the 
work of educating and elevating them. Schools were 
established, ancient superstitions abolished, and the rites of 
marriage and burial established according to civilized usages. 
Until the meeting of the "Grand Council," where their 
leaders were divided in policy, the Choctaws loved and 
trusted Le Flore implicitly, and placed themselves entirely 
under his guidance and control. After the treaty of " Danc- 
ing Rabbit," finding the affection of the tribe alienated, he 
contented himself, instead of trying to regain his influence, 
with improving the splendid grant of land reserved to him 
by the terms of the treaty. Those unfortunate Indians 
who remained behind after the majority of the tribe had 
left found in him a friend and protector, while the early 
white settlers of that portion of the country found him 
equally true to their interests. He was so universally 
beloved and respected that he was chosen, at one time, to 
represent the citizens of Carroll county in the State Senate. 
His descendants are among the best people of the State, and 
his name is perpetuated by Le Flore county, and its capital, 
Greenwood. Thus is the memory of the faithful Choctaws 
kept green among the people they loved and served so well. 



100 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

17. On the 20th of October, 1832, the Chickasaws ceded 
their entire possessions east of the Mississippi river to the 
Government of the United States. The treaty was ratified 
by the whole nation assembled in Grand Council at the 
Council House, on Pontotoc Creek, and signed on behalf of 
the United States by General Coffee, agent. As in the 
treaty with the Choctaws, the Government agreed to have 
the whole country surveyed and prepared for sale as early 
as possible, and, as in the former case, the matter was 
delayed until much discontent and bad feeling arose. The 
President was to offer the lands for sale on the same condi- 
tions as other public lands, and the Chickasaws were to 
receive all the money arising from these sales, after the 
expenses of surveying and selling the same were deducted. 
Naturally, the Chickasaws became indignant at the non- 
fulfillment of this promise, and bad feelings were engendered 
on both sides. 

18. Like the Choctaws, the Chickasaws, in their treaties 
with the Government, made provisions for their aged and 
infirm chieftains. Mail routes, indispensable in carrying out 
the terms of the treaty, were established throughout their 
country. One of these routes led from Tuscumbia, 
Alabama, to Rankin, Mississippi; another from Memphis, 
Tennessee, by the way of the Land Office, to Cotton Gin, 
Mississippi. And so, by inexorable destiny in the shape of 
the United States Government, these two, noblest of the 
native tribes of Mississippi, were forced to leave the hunt- 
ing-grounds of their fathers and migrate to a strange, new 
land across the Father of Waters, whither it is not the 
province of this history to follow them. As hunters and 
warriors neither tribe had superiors on the American Conti- 
nent, and had the question of their exodus been left to force 
of arms, they might have remained much longer in their 
homes. It was the superior diplomacy of the whites and 
the solemn promise of the United States Government that 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 101 

Lit last caused them reluctantly to sell their birthright in this 
fair land for only a tithe of its real value. 

In February, 1830, the " Planters' Bank" was established 
at Natchez, with a capital of three millions of dollars, of 
which two millions were reserved for the State. 



QUESTIONS ON CHAPTER XVI. 

What plans of internal improvement were made during Governor 
Brandon's term of office? What is a striking manifestation of the 
prosperity of a country? Show how the Government and people of 
that day appreciated this fact. What of the " Levee System ? " What 
of the excitement concerning the National Bank during Andrew Jack- 
son's term of office? How did Governor Brandon differ in opinion with 
many of the people of the State on this question? What caused the 
" Flush Times in Mississippi ? " What was styled " Wild-Cat Bank- 
ing?" Consequences to the people of the State? Adjustment of 
accounts between the States of Alabama and Mississippi ? Re-elec- 
tion of the Governor and Lieutenant-Governor? Character of Gov- 
ernor Brandon? How did the State appropriate the receipts from the 
"Three per cent. Fund?" When did Congressman Thos. B. Reed 
die, and who was named as a candidate for the vacancy ? Cause of 
failure to elect Mr. Poindexter? Who was the successful candidate? 
How long did he serve? How was his early death considered ? Who 
was appointed to fill the vacancy thus caused? What of the treaty 
of " Dancing Rabbit? " What did the Choctaws cede to the United 
States by the terms of this treaty? What did the Government promise 
on its part? Was this treaty faithfully kept on each side? How did 
the Indians seem to regard their removal? Mention their generous 
treatment of the four leading chiefs. What of their pensions of the 
veterans of former wars? Death of Push-ma-ta-ha ? How was his 
wife provided for? Whither were the Choctaws removed? What 
article of the treaty of " Dancing Rabbit" afterward became a source 
of trouble to the Government? Explain how? In addition to the 
grant of land, what sum of money did the Government agree to pay 
to the Choctaws? Did the four leading chiefs accompany the tribe 
west of the Mississippi? What policy has been pursued by the Gov- 
ernment of the United States on the " Indian Question ? " Did it 
ever become a factor in politics ? Sides espoused by the Whigs and 



102 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



Democrats, respectively ? What of individual members of the Choc- 
taw nation? Give a sketch of the life of Greenwood Le Flore. 
Show how he advanced the civilization of his tribe. How did he 
employ himself after the treaty of " Dancing Rabbit? " In what year 
did the Chickasaws cede their possessions to the Government of the 
United States ? When and where was the treaty ratified by the tribe? 
To what did the Government agree? How was bad feeling engen- 
dered ? Characteristics of the Choctaws and Chickasaws? Are they 
to be condemned for being unwilling to leave their homes? 




HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 103 



CHAPTER XVII. 

1831-1833-1835. 

1. Natchez, from an early period, was noted for the num- 
ber and brilliancy of her public men. The famous states- 
man and orator, Sargent S. Prentiss, laid the foundation of 
his future career there at a time when the attention of the 
whole country was absorbed in the transactions between the 
Government and the Indians. Prentiss was a native of 
Portland, Maine; was born in 1808, and came to Natchez in 
1827. He had received a liberal education, and engaged in 
teaching school for a while before beginning the practice of 
law. Robert J. Walker, afterward a noted statesman, was 
the legal preceptor of Prentiss, who, in 1829, entered upon 
the practice of law in Natchez, though in a few years he 
removed to Vicksburg, and formed a partnership with 
Judge Guion, one of the most prominent lawyers of the 
State. 

2. Robert J. Walker emigrated to Natchez from Pennsyl- 
vania in 1826. He soon achieved high standing at a bar 
already crowded with men of talent, and in 1828 was 
appointed to make a report of the decisions of the Supreme 
Court, from its establishment in 1818 until 1832, when the 
entire system of the judiciary was changed. The work, 
under the title of " First Mississippi Reports," was consid- 
ered a masterpiece of literary ability and legal learning. 

3. In 1 83 1, Abram M. Scott, who had served two terms as 
Lieutenant-Governor, was elected Governor. The State rep- 
resentatives in Congress from 1828 up to this time were W. 
Haille, Franklin E. Plummer, Harry Cage and David Holmes. 
The country was at this time in the full enjoyment of peace 
and prosperity. In 1832 a convention was called for the 



104 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

purpose of revising and amending the first Constitution of 
the State. It met at Jackson on the ioth of September, 
and continued in session until the 26th of October, 1832. 
Delegates from twenty-six counties were present, presided 
over by Judge Pray. 

4. The Revised Constitution adopted by this convention 
presents some important amendments to the Constitution 
of 18 17. One was the abolition of the office of lieutenant- 
governor. Unlimited tenure in office and property qualifica- 
tions for office or suffrage were also abolished. The judiciary 
of the State underwent a complete revision. It was now 
made to consist of a High Court of Errors and Appeals, a 
Superior Court of Chancery, District Chancery Courts, and 
District, or Circuit, Courts. The officers of courts, instead 
of being appointed, were to be elected. 

5. Judge William L. Sharkey was the first Chief Justice 
elected under the provisions of the new Constitution. He 
was a profound lawyer, a public man of the most exalted 
integrity, and a citizen whose private character was unas- 
sailable. He had been a resident of Mississippi from his 
boyhood, and had labored arduously and incessantly to 
advance the rising fortunes of the State. He held the office 
of Chief Justice of Mississippi for eighteen years. 

6. In 1 83 1, the first railroad and telegraph company in the 
State was incorporated under the name of the " West 
Feliciana." It extended from Woodville to St. Francisville. 
The road from Vicksburg to Jackson was incorporated the 
same year. In 1833 the road from Grand Gulf to Port Gib- 
son was chartered, and afterward the building of a new 
railroad through the State was almost a yearly occurrence. 
The State improved with equal rapidity in other particulars. 

7. Ex-Governor David Holmes died on the 20th of August, 
1832. At the time of his death he was a member of the 
Lower House of Congress from Mississippi. He was suc- 
ceeded by Powhattan Ellis, who in turn was succeeded by 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 105 

John Black, who, under the new Constitution, was elected 
for the full term. 

8. In 1833, under the provisions of the Revised Constitu- 
tion, fourteen new counties were organized, mostly out of 




GOVERNOR DAVID HOLMES 



the territory acquired from the Choctaws. These were 
Attala, Carroll, Choctaw, Leake, Lauderdale, Scott, Smith, 
Tallahatchie, Winston, Yallabusha, Neshoba, Noxubee and 
Oktibbeha. The Chickasaw cession was not divided into 
counties until several years later. 

9. In February, 1833, the Legislature passed anti-tariff 
and anti-nullification resolutions. Great excitement pre- 
vailed throughout the entire country on account of the 
contest between President Jackson and the United States 
Bank, and also on account of the nullification doctrines 
promulgated by South Carolina. 

10. National politics had almost entirely absorbed ques- 
tions of a local character in Mississippi. The " Whig " and 



106 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

" Democratic " parties had superseded the old organizations, 
which for many years had nearly evenly divided politicians 
and people. Andrew Jackson was the national leader of the 
Democratic party, Henry Clay of the Whigs. A new party 
was also forming in the South, although its growth was at 
first very slow. This was the " States' Rights Party," 
whose cardinal doctrine was the sovereignty of each State 
over its own actions. This party in South Carolina, led by 
John C. Calhoun, at one time Vice-President of the United 
States, had come very near having an open breach with 
President Jackson in regard to the enforcement of the tariff 
laws. 

ii. South Carolina opposed violently the high tariff upon 
imported goods, and declared her intention of either resisting 
the collection of the duties in her ports, or of seceding from 
the Union. The successful resistance of the collection of 
these duties would have rendered the tariff laws null and 
void, hence it was called the doctrine of " Nullification." 
President Jackson, though opposed himself to high tariff 
laws, was very indignant at the threats made by South 
Carolina, and a serious collision would doubtless have 
taken place, had not Henry Clay, at an opportune 
moment, brought forward a bill by which a compromise 
was effected. 

12. The excitement caused by President Jackson's order 
for the removal of the funds from the National Bank was 
not so easily quelled. Many considered it an act of despot- 
ism on the part of the President, which might be followed 
by others of a similar nature. Senator Poindexter and 
Judge Black, representing Mississippi in Congress, viewed 
the action of the President in this light, and voted accord- 
ingly, though at the sacrifice of their popularity at home, as 
the majority of the people of Mississippi were of the opinion 
that Andrew Jackson could do no wrong. Judge Black was 
even requested to resign his place in Congress, but he failed 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 107 

to comply at once, keeping his seat until near the close of 
the term. 

13. So persistent were the efforts of Henry Clay to pre- 
serve the peace, that he became known, from the numerous 
bills he introduced in Congress, as the "Great Compro- 
miser." On being reminded at one time that he was 
endangering his chances for the Presidency by this course, 
he gave utterance to his famous remark, "/ would rather be 
right than President. ' ' 



QUESTIONS ON CHAPTER XVII. 

What of the number and brilliancy of the public men of Natchez? 
Sargent S. Prentiss? Robert J. Walker? " First Mississippi Report?" 
At the close of Governer Brandon's second term, who was elected to 
succeed him? State Representatives in Congress from 1828 to this 
time? Condition of the country? When and where was the next 
Constitutional Convention held? How many counties were repre- 
sented ? Give some of the amendments to this Constitution ? T he 
Judiciary of the State — of what did it consist? First Chief Justice of 
the State under the Revised Constitution ? His character? When was 
the first railroad and telegraph company incorporated in Mississippi? 
Subsequent railroad companies? When did the death of ex-Governor 
Holmes occur? Who succeeded him in the Lower House of Congress? 
Who was elected for the full term under the new Constitution ? What 
of the organization of new counties under the Revised Constitution ? 
When were resolutions on the tariff and nullification doctrines passed 
by the Legislature of Mississippi ? What two parties now monopolized 
the great political questions of the day ? Who were the National lead- 
ers of the two great parties ? What new party was slowly forming in 
the South ? Leader of this party in South Carolina ? Conflict between 
South Carolina and President Jackson ? Excitement on the National 
Bank question ? Action of the Mississippi Congressmen on this ques- 
tion ? Action of Mr. Clay to preserve peace ? 



108 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XVIII. 

1833-1836. 

1. In February, 1833, the Legislature authorized the leas- 
ing of the sixteenth section of land for a specified time, and 
the selling of the thirty-six sections granted by [the United 
States to the State of Mississippi, the proceeds of the whole 
to be devoted to the cause of education in the State. 

2. The net proceeds of the crop of Mississippi in the year 
1833 amounted to $11,316,000. In 1834 it reached the sum 
of $15,000,000. 

To the deep regret of all classes in the State, Governer 
Scott died in 1833, before the expiration of his term of office. 
He was a man of progressive spirit, deeply interested in the 
material prosperity of the country, and just prior to his 
unexpected death had projected several plans for the inter- 
nal improvement of the State. At the next regular election 
Hiram G. Runnels was elected Governor. 

3. The question of slavery was just beginning to agitate 
the country at this time, many of the inhabitants of Missis- 
sippi, in common with those of other Southern States, advo- 
cating gradual emancipation and the subsequent colonization 
of the negro. 

4. When the excitement over the contest between General 
Jackson and the National Bank was at its height, the Presi- 
dent appointed Samuel Gwin, the son of one of his early 
friends, to the office of Register of the Land Office, at Mt. 
Salus, now called Clinton. 

Dr. William M. Gwin, brother of Samuel Gwin, was also 
appointed to an important office in Mississippi, though both 
of them were citizens of Tennessee. These appointments 
were the cause of great dissatisfaction throughout Mississippi, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 109 

where it was thought that offices should be filled by residents 
of the State. President Jackson was immovable, however, 
and the appointments stood, though against the remon- 
strances of our Senators and Representatives in Congress. 
Henceforward, for a lengthy period of time, the Gwins 
became important factors in the political problems of the 
day. Dr. Gwin was a man of extraordinary ability, and 
soon rose to eminence as a leader of the Democratic party. 
Through his influence Robert J. Walker, of Natchez, was 
induced to take the field as the Democratic nominee for 
Senator in opposition to ex-Governor Poindexter, who was 
the choice of the Whig party for that office. 

5. A new era in the prosperity of Mississippi may be 
dated from the year 1835. The Revised Constitution, 
which had been received by the people at first with many 
misgivings, was found to be admirably adapted to the inter- 
ests of the State. The recent acquisition of territory from 
the Indians had also enlarged the fields of industry and 
enterprise. 

Immigrants from the older Southern States found in this 
new and undeveloped region a rich field for the investment 
of labor and capital, and the lands, as soon as thrown upon 
the markets, found ready purchasers. The early white 
settlers in the Chickasaw cession found a country beauti- 
fully wooded with hickory, oak, and maple, with a surface 
rather rolling, but highly productive. 

Cotton, as in most other portions of the State, was from 
the first the staple product. For a long time, until the 
building of railroads became general, the chief outlet of this 
region was by wagons to Memphis. 

6. Prior to the opening of the political campaign in 1835, 
Governor Runnels, in view of several important measures 
that required attention, called a special session of the Legis- 
lature. Several of the counties, formed from the newly- 
acquired Indian Territories, had claimed the right of repre- 



110 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

sentation, and the Governor had already issued writs of 
election to the same. After the Governor had been notified 
by a committee from both Houses of the organization of the 
Legislature, the Senate refused to recognize the House of 
Representatives on account of the presence of the members 
from the new counties, declaring their election and admit- 
tance to have been unconstitutional. It also refused to join 
the House in the election of a United States Senator. 

7. The House of Representatives, supported by the Gov- 
ernor, denied the right of the Senate to decide upon the 
constitutionality of another body, declaring that each branch 
of the Legislature was competent to decide upon the quali- 
fications of its own members. A message to that effect was 
communicated to the Senate, which, immediately after its 
reception, adjourned, and immediately afterward the House 
adjourned until the next regular session of the Legislature. 

8. The thirty-six sections of land granted to the State by 
the general government for a "Seminary of Learning" 
were sold for a sum sufficient to justify the State in the 
establishment of a university, and commissioners from 
different sections of the State were appointed to select a 
suitable location for the same. 

9. The political campaign of 1835 was one °f tne most 
exciting ever known in the history of the State, on account 
of the nearly equally-balanced power of the two great 
parties participating in it. 

The Democrats renominated Governor Runnels, whose 
administration had been both able and popular, the Whigs 
opposing to him Hon. Charles Lynch, a wealthy cotton- 
planter of the eastern portion of the State. Both parties 
made a thorough canvass and with about equal success, as 
the election proved that an equal number of officers had 
been elected from each ticket. The Whigs elected the 
Governor, and a majority of the members of the Legislature 
voted for Walker against Poindexter. J. F. H. Claiborne, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. HI 

the future historian, was elected to Congress by the Demo- 
crats. David Dickson was the Whig member elected. 

10. At the time of Mr. Walker's election to Congress, the 
leading question before that body was the annexation of 
Texas to the United States. He was a warm advocate of 
that measure, and some of his most eloquent speeches were 
delivered in behalf of it. He voted on all occasions with the 
party which had elected him, and on the introduction of the 
question of slavery into politics, took a strong ground in 
defense of that institution. 

ii. The first meeting of the Legislature after the election 
of 1835 was productive of some very important results. 
Among the Whig members was S. S. Prentiss, representing 
Warren county. 

Thirteen new counties were organized from the Chickasaw 
cession by the Legislature. They were Panola, Newton, 
Tunica, Tishomingo, Tippah, Pontotoc, Lafayette, Ita- 
wamba, De Soto, Marshall, Coahoma, Chickasaw, and 
Bolivar. 

12. Immediately after the organization of the Chickasaw 
counties, it was moved that they be allowed representation 
at the next meeting of the Legislature. This called forth 
the same arguments that had divided the Legislature the 
previous session. The Governor was applied to for writs of 
election, but declined to give them on the ground that no 
vacancy existed. No action was taken on the subject by 
this Legislature, the whole question being postponed until 
the next session. 

13. A bill was passed at this session appointing commis- 
sioners and an architect for the erection of a State House 
at the seat of government, a large sum of money having 
been appropriated for that purpose. The sum of seventy- 
five thousand dollars was also appropriated for the establish- 
ment of a penitentiary within two miles of the capital. 



112 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

QUESTIONS ON CHAPTER XVIII. 

What action did the Legislature in 1833 take in regard to the six- 
teenth section of land? The thirty-six sections? Give figures on 
crop of Mississippi in 1833. When did Governor Scott die? Give an 
outline sketch of his character. Who succeeded him at the next 
regular election ? What question was just beginning to agitate the 
country? Appointment of Samuel Gwin to the Land Office? Why 
were the appointments of the Gwins so distasteful to the people of the 
State? Through whose influence did the Gwins become important 
factors in the politics of the State? When did a new era of prosperity 
begin for our State? Some of the causes of the change? Immigration 
from the older States? The Chickasaw country? The production of 
cotton ? Why did Governor Runnels, in 1835, call a special session of 
the Legislature? Claim of the new counties for representation? 
Contest between the two Houses on this question. Show how the 
State was enabled to establish her University at this time ? Why was 
the political campaign of 1835 of such an exciting character? Name 
the nominees of each party? Who was elected Governor? Hon. 
J. F. H. Claiborne? Who defeated Poindexter for the Senate? 
What was then the leading question in Congress ? Which side did 
Robert J. Walker espouse? Why was the meeting of the Legislature 
of 1835 productive of important results? Show how the contest over 
the Chickasaw counties was renewed. What appropriations were 
made by this Legislature ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 113 



CHAPTER XIX. 

1837-1839. 

1. The Union Bank of Mississippi was established in 
January, 1837, with a capital of $15,500,000, the amount 
to be raised by means of a loan to be obtained by the 
directors of the institution. When the stock in this bank 
had been secured by a mortgage on the property of the 
stockholders, Governor Lynch was directed to issue bonds 
equal to the amount subscribed. 

2. In the fall of 1837, Governor A. G. McNutt succeeded 
Governor Lynch. As State Senator at the time the bank 
was chartered, he had recorded his vote against the Act. 
In February, 1838, however, when the bill was re-enacted, 
it received his approval as Governor. February 15, 1838, 
the Legislature passed a Supplementary Act authorizing the 
Governor to subscribe for fifty-thousand shares of the bank 
stock, to be paid for out of the proceeds of the bonds to be 
executed to the bank, in accordance with the provisions of 
the original charter. Commissioners were appointed to sell 
the State bonds at their par value in any market of the 
United States or in any foreign market, and, accordingly, on 
the 1 8th of August, 1838, five million dollars' worth of 
bonds were sold to the President of the Bank of the United 
States, and sent by him to London, England, as collateral 
security for a loan already made. Payment was made on 
these bonds, but the stockholders were the only beneficiaries, 
the Treasury of the State never receiving a dollar of it. 

3. At the meeting of the Legislature in 1837, the right of 
the Chickasaw counties to representation again came up for 
discussion. Ten representatives from the new counties 
presented themselves, basing their claim upon the ninth 



114 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

section of the third article of the Constitution, which 
declares that the Legislature shall, "at their first session 
and at periods of not less than every four, nor more than 
every six years, until the year 1845, and thereafter at 
periods of not less than every four, and not more than every 
eight years, cause an enumeration to be made of all the 
free white inhabitants of this State, and the whole number 
of representatives shall, at the several periods of making 
such enumeration, be fixed by the Legislature, and appor- 
tioned among the several counties, cities, or towns entitled 
to separate representation, according to the number of free 
white inhabitants in each, and shall not be less than thirty- 
six nor more than one hundred. Provided, however, that 
each county shall always be entitled to at least one repre- 
sentative." Jacob Thompson, a rising young lawyer, took 
an active part in favor of the right of these counties to 
representation. 

4. The opponents of the admittance of the representa- 
tives, led by Sargent S. Prentiss, declared the whole matter 
revolutionary and unconstitutional. The Governor of the 
State had declined to issue writs of election, and the inhabi- 
tants had caused them to be made out by the boards of 
police of their respective counties. After a protracted and 
exciting debate, the vote of the House was taken, and the 
new members admitted by a small majority. Congress 
passed an Act about this time indemnifying the State for 
her right to the sixteenth section of land within the Chicka- 
saw cession, though the indemnity was wholly inadequate 
to the loss sustained. 

5. A special election was held in July, 1837, to fill a 
vacancy existing in the Lower House of Congress. J. F. H. 
Claiborne and S. J. Gholson were the Democratic candi- 
dates for office, and S. S. Prentiss and T. J. Word were the 
Whig candidates for the same. The active part taken by 
the gifted Prentiss against the representation of the Chicka- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



lib 



saw counties had rendered him very unpopular in that 
section of the country, and he was easily defeated. Clai- 
borne and Gholson were elected by a handsome majority. 
On the organization of Congress, the right of the Governor 
of Mississippi to order a special election in this case was 




SARGENT S. PRENTISS. 



questioned, but after some discussion it was acknowledged 
to be valid. 

6. The regular elections in Mississippi came off the 
following November. The same candidates for Congress 
were nominated as for the special election, and Prentiss and 
Word were elected by a large majority. The former had 
canvassed the State previous to the election, and his wonder- 
ful eloquence had revolutionized the sentiments of the 
people, including those of the Chickasaw counties. The 
election was contested by Claiborne and Gholson, who 
claimed their seats in Congress on the grounds that the 



116 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

July elections expressed the will of the people, and that as 
Congress had already decided the question, the decision 
could not now be reversed. During this celebrated contest 
Mr. Prentiss acquired a national fame for oratory. His 
speeches in defense of himself and colleague electrified the 
country. The decision of Congress, however, was adverse 
to his hopes and interests, and the Democratic members 
retained their seats for the remainder of the term. 

7. The vacancy in Congress caused by the resignation of 
Judge Black, just before the expiration of his term of office, 
was filled by the election of Judge James F. Trotter, a 
resident of the Chickasaw country. In 1838 the boundary 
line between Mississippi and Tennessee was established, 
Mississippi surrendering a portion of territory north of the 
line, over which she had formerly claimed jurisdiction. 
Ex-Governor Charles Lynch was this year appointed Com- 
missioner of Public Buildings. 

8. The system of banking inaugurated in Mississippi with 
the introduction of railroads, proved very disastrous to the 
best interests of the State. At least twenty banking 
institutions were incorporated in the State between the 
years 1830 and 1840, the time known since as the "flush 
times of Mississippi." Public lands were settled with a 
very superior class of immigrants, new post-offices and 
mail routes were established everywhere, and railroad and 
telegraphic companies began linking the most isolated por- 
tions of the State with the outside world. 

9. Before the bonds of the Union Bank became due they 
were declared by Governor McNutt to be worthless, on 
account of the failure of the Commissioners to sell them at 
par, as required by the Supplementary Act under which 
they were issued. This proclamation caused intense excite- 
ment throughout the State. Public meetings were held and 
the motives of Governor McNutt assailed by such men as 
Poindexter, Prentiss and other able leaders of both parties. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 117 

For years the great political question in Mississippi was the 
payment or non-payment of these bonds. 

10. Governor McNutt opposed the loose system of bank- 
ing uncompromisingly. He contended that the same pov/er 
that granted charters could repeal them, and recommended 
that most of them be repealed. The great body of the 
people from whose ranks he had risen, and to whose 
interests he had ever remained faithful, sustained him 
through all the storm of opposition and censure provoked 
by his course on the bond question, and at the next election 
triumphantly vindicated him by electing him for a second 
term of office. 

ii. At the expiration of the special term for which Clai- 
borne and Gholson had been elected to Congress, Governor 
McNutt issued a proclamation for a new election to be held 
on the fourth Monday in April, 1838. Mr. Gholson declined 
the nomination for this election, and the name of General 
James Davis was placed upon the Democratic ticket with 
that of Claiborne. Prentiss and Word were again nomi- 
nated by the Whigs, who, under the leadership of Judge 
Sharkey, were confident of victory. The contest was pro- 
tracted and exciting, each party massing all its available 
strength in the struggle for victory. Unfortunately for 
Mr. Claiborne, feeble health would not allow him to partici- 
pate in the canvass personally, as did his adversary, the 
eloquent Prentiss, whose personal magnetism and fiery 
eloquence finally turned the scales in favor of the Whigs. 
Prentiss and Word were elected by a majority of nearly one 
thousand. 

12. Hon. James F. Trotter, who had been elected to 
Congress after the resignation of Judge Black, resigned the 
position soon after accepting it. In November, 1838, Thomas 
H. Williams, a veteran in public service, was appointed to 
fill the vacancy. March 4, 1839, John Henderson was 
elected to Congress for a full term. The year 1837 was 



118 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

marked by a period of great financial distress all over the 
Union. Martin Van Buren, the recently-elected President 
of the United States, was inaugurated on the 4th of March, 
1837. He was elected by the Democratic party, the Whigs 
having incurred defeat by a division of their ranks. Missis- 
sippi, in common with her sister States, felt this financial 
pressure, but the ambition, thrift and aggressiveness of her 
people brought her safely through this time of trial. 

Mr. Van Buren's administration was held responsible for 
the financial disasters of the country, and the result was 
the triumph of the Whigs at the next presidential election. 



QUESTIONS ON CHAPTER XIX. 

What bank was established in 1837, and with what capital? Who 
succeeded Governor Lynch ? Show how his vote stood on the estab- 
lishment of the Union Bank. What was the " Supplementary Act? " 
How were the Union Bank bonds disposed of? What question again 
came up for discussion in the Legislature of 1837? Why did the 
Chickasaw counties claim the right of representation ? What rising 
young lawyer took an active part in these proceedings? Who led the 
opposing party? How was the question finally disposed of? Act of 
Congress in reference to the sixteenth section of Chickasaw lands? 
Why was a special election held in 1837? Name the candidates of the 
opposing parties. Who were the successful ones ? At the next regu- 
lar election, what candidates were elected to Congress? What had 
wrought the change in the sentiments of the people? Upon what 
grounds was the election contested ? What gave Prentiss a national 
fame? How was the contested election case decided by Congress? 
Who was elected to fill the vacancy caused by Judge Black's resigna- 
tion? Boundary line between Mississippi and Tennessee? Internal 
improvements in the State? Declaration of Governor McNutt in 
reference to Union Bank bonds? Result of this declaration? What 
became the great political question of the day? What position did 
Governor McNutt assume, and by whom was he sustained? His 
re-election? Democratic nominees for Congress? Whig? By what 
majority were Prentiss and Word elected ? Who succeeded Judge 
Trotter by appointment? By election? Financial panic of 1837? 
Democratic President ? How was it held responsible for the financial 
distress ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. \\[, 



CHAPTER XX 

1839-1845. 

1. The campaign of the spring of 1838 closed Mr. Clai- 
borne's public life. Declining all offers of political prefer- 
ment, he devoted himself thenceforth to journalism and 
literature. His " Mississippi as a Province, Territory, and 
State " is an enduring memorial of his patience, perseverance 
and greatness as a writer, though written after he had 
reached an advanced age. The convention which re-nom- 
inated Governor McNutt, in the fall of 1839, realizing the 
need of the Democratic party for strong men, selected 
Albert G. Brown and Jacob Thompson as candidates for 
congressional honors. Both had served in the State Legis- 
lature, and each had acquired favor in the eyes of the people 
by their views upon financial matters. 

2. After a vigorous contest, in which the banking system 
and bond question played an important part, the Democratic 
nominees were~elected. One of the absorbing questions of 
that day was the annexation of Texas to the Union. Many 
of the most prominent citizens of the State became, volun- 
tarily, champions of the annexation movement, and many 
recruits for the " Army of Independence " were obtained in 
our State. Robert J. Walker and Felix Houston, both citi- 
zens of Mississippi and ardent politicians, were earnest advo- 
cates of the cause of Texas. 

3. In 1840, the Legislature passed an Act for the location 
of the State University. This Act provided that several 
sites should be selected by ballot, and from these, commis- 
sioners appointed for the purpose of examining them, were 
to select the one most suitable for the location of the Univer- 
sity. The commission reported to the next session of the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 121 

Legislature that lands for the location of the proposed Uni- 
versity had been purchased at Oxford, Lafayette county, a 
portion of the Chickasaw cession. 

4. The " Seminary Fund" was appropriated for the 
benefit of the University. A " State Agricultural Society " 
with auxiliary branches in each county was formed in 1841. 
That same year, Hope & Company, of Amsterdam, Holland, 
in a communication addressed to Governor McNutt, asked 
that the State of Mississippi take immediate measures for 
the payment of the interest, due at that time, and that which 
would successively fall due on the five millions of dollars' 
worth of Union Bank bonds then in their possession. 

5. This demand of foreign capitalists was made upon the 
State despite the fact that the Union Bank had long been 
hopelessly bankrupt and its bonds condemned as utterly 
worthless. Governor McNutt stated his reasons, in a reply 
to Hope & Company, for believing that the bonds were 
unconstitutional and that the State could not be held respon- 
sible for their payment. 

This correspondence was made public and was the cause 
of intense excitement throughout the State. A very large 
and influential party, led by Prentiss, the Yergers, Judge 
Sharkey, and others, believed that the payment of the 
Union and Planter's Bank bonds was legally binding upon 
the State, and this party, re-enforced by those Democrats 
who also believed that the honor of the State was involved 
in the payment of the bonds, made a bitter warfare against 
Governor McNutt and the party he represented. 

6. Notwithstanding the opinion of men of high legal stand- 
ing, the masses of the people considered the bonds of the 
Union Bank invalid and their non-payment by the State 
just and right, and they regarded Governor McNutt's reply 
to the Amsterdam company as a complete vindication of the 
honor of the State. McNutt's views were also endorsed by 
Jacob Thompson, then representing the State in Congress, 



122 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

he maintaining that the people of Mississippi were neither 
legally nor morally responsible for the payment of the bonds. 
The political excitement of this year rivaled that of 1835. 
The Whig candidate for Governor was David O. Shattuck, 
a Methodist minister of great influence and also a lawyer of 
ability. 

7. T. H. Tucker was nominated for Governor by the 
Democrats, with William M. Gwin and Jacob Thompson for 
Congressmen, Albert G. Brown declining a re-nomination ; 
Robert J. Walker was nominated for the office of United 
States Senator. This was. a strong ticket, and was very 
easily elected. Had the Whig party possessed three times 
its moral worth, it must have gone down under the tremen- 
dous weight of the bond question. The majority of the 
people were convinced that they were not responsible for the 
payment of the debt, arguing that it was contracted in the 
interest of a few capitalists who had enriched themselves 
without a thought of benefit to the State. The majority by 
which William M. Gwin was elected to Congress was twen- 
ty-five thousand, the result of personal popularity and a 
skillfully conducted campaign. 

8. In 1842, the office of State Librarian was instituted at 
a salary of four hundred dollars a year. The annual allow- 
ance for the increase of the State library was fixed at five 
hundred dollars, with a contingent allowance for the use of 
the librarian. A levee survey was made this year, begin- 
ning at the northern boundary of the State and ending at 
the mouth of the Yazoo river. Congress had but recently 
donated to the State of Mississippi, on certain conditions, 
five hundred thousand acres of land for purposes of internal 
improvement, and the public now began to reap the benefit 
in improved roads, new bridges, railroads, etc. 

9. During the administration of Governor Tucker the 
financial condition of the country improved rapidly. In 
1843 "the representation of the State in Congress was 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 123 

increased to five members in the House of Representatives. 
The Democratic Convention nominated Jacob Thompson, 
Governor Tucker, W. H. Hammet, and R. W. Roberts; 
W. M. Gwin declined a re-nomination. Albert G. Brown, 
who had recently represented the State in Congress, 
received the nomination for Governor, his name addine 
greatly to the strength of the ticket, which was elected 
entirely with but little difficulty. William M. Gwin and 
Robert J. Walker were delegates from Mississippi to the 
celebrated Baltimore Convention of 1844, in which the 
question of the annexation of Texas assumed vital impor- 
tance. Mr. Gwin and Mr. Walker are said to have been 
mainly instrumental in nominating James K. Polk, of Ten- 
nessee, for the presidential office. 

10. Joseph W. Matthews, of Marshall county, and Jeffer- 
son Davis, of Warren, were nominated by the Democratic 
party for presidential electors from the State at large. This 
was the beginning of the celebrated political career of Jeffer- 
son Davis. Educated for a soldier, he had been a lieutenant 
in the Black Hawk war, and had subsequently retired to his 
plantation, Briarfield, in Warren county. 

11. Governor Brown's administration was distinguished 
by many important measures, and the permanent interests of 
the State were greatly advanced under his wise supervision. 

The first trustees of the University of Mississippi were 
appointed in 1844. Fifty thousand dollars were appropri- 
ated during the years 1846-7 for the benefit of that noble 
institution of learning, which was to fit the sons of Missis- 
sippi for the most advanced paths of life. Robert J. Walker, 
of Mississippi, was made Secretary of the Treasury under 
President Polk. Upon his resignation as Senator, Judge 
Joseph W. Chalmers, a distinguished lawyer of Holly Springs, 
was appointed to fill the vacancy. In March, 1845, Hon. 
Jesse Speight was appointed Senator to succeed Hon. John 
Henderson. 



124 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

12. In September of this year, Mr. Prentiss, whose whole 
fortune had been swept away by an unfortunate law-suit, 
left Mississippi and established a law practice in New 
Orleans, Louisiana. His departure was deeply regretted by 
the citizens of the State of which he had been one of the 
brightest ornaments. Although his fame is national and can 
be confined to no particular section of our common country, 
Mississippi will always remember with just pride the career 
of her favorite son. 

13. In 1845, Texas, by Act of Congress, was annexed 
to the United States. Mexico resented this by such hostile 
demonstrations that General Zachary Taylor was ordered 
by the Government to place his troops in a position to 
defend the Territory of Texas, in case of its invasion by 
Mexico. This order awakened the military enthusiasm of 
the whole country, Mississippi taking the initiative in sympa- 
thizing with the wrongs inflicted upon the " Lone Star" of 
the West. 

14. Saturday, the 12th of July, 1845, was set apart by 
the citizens of Mississippi for manifesting their sorrow for 
the death and gratitude for the services of the illustrious 
soldier and statesman, ex-President Andrew Jackson. Busi- 
ness was suspended, processions formed and marshaled to 
different places of worship, where appropriate funeral 
services were held in memory of the dead chieftain who had 
saved the early inhabitants of the "State from the horrors of 
Indian warfare. 

15. The election of James K. Polk to the presidency was 
a triumph of the Democratic party. Henry Clay, the idol 
of the Whigs, had been the nominee of that party, but, 
notwithstanding his great personal popularity and his repu- 
tation as a disinterested patriot, he was defeated by the all- 
absorbing question of the day — the annexation of Texas — to 
which Polk was pledged. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 125 

QUESTIONS ON CHAPTER XX. 

When did J. F. H. Claiborne retire from public life? Democratic 
nominees for Congress ? One of the absorbing questions of the cam- 
paign ? When and where was the State University located? State 
Agricultural Society? Demand of Amsterdam capitalists? How did 
Governor McNutt meet the demand? Effect of the correspondence? 
Leaders of the party opposed to McNutt? Opinion of the masses? 
How expressed ? Whig candidate for Governor? Democratic? Demo- 
cratic ticket for Congress? What question defeated the Whigs hope- 
lessly? Majority of William M. Gwin ? When was the office of 
State Librarian instituted? Levee survey? Internal improvements? 
Financial improvement during Governor Tucker's administration ? 
How was the representation of the State in Congress increased ? 
Election of the entire Democratic ticket? Who were the delegates 
from Mississippi to the Baltimore Convention ? Presidential electors 
from Mississippi ? Opening of the career of Jefferson Davis ? For 
what was Governor Brown's administration noted? What office did 
Robert J. Walker hold under Polk's administration? Who was ap- 
pointed as his successor? Removal of S. S. Prentiss to New Orleans? 
What of the annexation of Texas? Hostile demonstrations of Mexico 
and action of United States authorities? Death of Andrew Jackson ? 
Election of James K. Polk, and defeat of Henry Clay for the 
presidency? 



126 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXI. 

1845-1848. 

1. In 1845, Jacob Thompson was again elected to Con- 
gress by a large majority. His colleagues were Jefferson 
Davis, Stephen Adams, and R. W. Roberts. Mr. Davis at 
that time was considered a young man of brilliant talents, 
an eloquent debater, and an able defender of the doctrines 
of his political creed. 

2. There were a number of Democratic candidates this 
year for the office of United States Senator. Among them 
were William M. Gwin, ex-Governor MciNutt, and General 
John A. Quitman. None of them were successful, as the 
Whig candidate, General H. S. Foote, was elected, receiv- 
ing a majority of the votes cast in the Legislature. Judge 
Chalmers had served out the unexpired term of Walker, first 
by appointment and afterward by election. Although Foote 
was elected in January, 1846, his term of office did not 
begin until the 4th of March, 1847. 

3. The Boards of Police of the respective counties were 
empowered, in 1846, to levy a special tax for common 
school purposes, and all fines, licenses, forfeitures, etc., 
were to be appropriated for the benefit of the school fund. 
The Secretary of State was made ex-offkio General School 
Commissioner, performing his duties under the superintend- 
ence and direction of the Governor. 

4. Early in 1846, the unfriendly relations that had long 
existed between Mexico and the United States terminated in 
open warfare. The first American blood shed in this cause 
was that of Colonel Cross, a quartermaster-general, who, in 
April, 1846, while making a short horseback excursion into the 
country, was attacked and cruelly murdered by the Mexicans. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 127 

5. Volunteers from every Southern State flocked to the 
banks of the Rio Grande, when it was known that the 
standard of the Union had been unfurled there under that 
brave leader, General Taylor. When it became known 
that a requisition had been made upon Governor Brown for 
a regiment of ''Mississippi Riflemen," the excitement and 
enthusiasm prevailing all over the State were unprecedented. 
It was impossible for the recruiting officers to accept all the 
volunteers who presented themselves. A regiment of ten 
companies was raised almost immediately after the call of 
the Governor for troops was made. 

6. After the "First Regiment of Mississippi Volunteers" 
had been mustered into the service of the government, its 
officers were elected, and it was sent by way of Gulf of 
Mexico to the seat of war. 

A colonel's commission was tendered by Governor Brown 
to Jefferson Davis, then representing Mississippi in the 
Lower House of Congress. Mr. Davis accepted the commis- 
sion, resigned his seat in Congress, and joined his regiment 
in New Orleans. The regiment was forwarded immediately 
to General Taylor's headquarters, on the Rio Grande. 

General John A. Quitman, who had headed a company 
of volunteers during the Texan war, was made a brigadier 
in the regular army in 1845, and before the expiration of the 
war was promoted to the rank of major-general. 

7. Colonel Davis' regiment was placed, immediately after 
its arrival at headquarters, with General Quitman's brigade, 
and proceeded with it, during the summer of 1846, to Mon- 
terey, soon to become the theater of remarkable events. 
The regiment was greatly reduced in numbers by sickness 
before it arrived at Monterey, not more than four hundred 
being fit for active service. 

8. During the three days' battle before that place, the 
Mississippi volunteers were exposed to the heat of the 
action, having, time after time, to repel the fierce charges 



128 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

of the enemy's cavalry. Although Colonel Davis had 
gained a reputation for bravery during the Black Hawk war, 
his fame as a soldier and leader of men dates from the battle 
of Monterey. He was one of the commissioners appointed 
by General Taylor to arrange the terms of capitulation. 

9. The loss of the First Mississippi regiment, at Monterey, 
was very great, considering the small number of men 
engaged. The whole number of killed and wounded was 
sixty-one. Among those dangerously wounded was Lieu- 
tenant-Colonel A. R. McClung, whose bravery on the field 
of battle was so conspicuous as to attract special attention 
from General Taylor, commander-in-chief. 

The battle of Buena Vista occurred on the 22d and 23d 
of February, 1847. The following extract from the report 
of General Taylor, after the battle, shows that the gallantry 
of the Mississippi riflemen was not confined to the field of 
Monterey : 

" The Mississippi volunteers, under Colonel Jefferson 
Davis, were highly conspicuous for their gallantry and stead- 
iness, and sustained throughout the engagement the reputa- 
tion of veteran troops. Brought into action against an 
immensely superior force, they maintained themselves for a 
long time, unsupported and with heavy loss, and held an 
important part of the field until re-enforced. Colonel Davis, 
though severely wounded, remained in the saddle until the 
close of the action. His distinguished coolness and gallantry 
at the head of his regiment on this day entitle him to the 
particular notice of the Government." 

10. One of the movements adopted by Colonel Davis 
during the course of this battle excited much attention in 
military circles and elsewhere. The Mexican cavalry, in 
heavy columns, were advancing to an attack upon the Mis- 
sissippi troops, when Colonel Davis threw his command into 
the form of a letter "V" with the opening toward the 
enemy. The men were ordered to reserve their fire until 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



129 



the near approach of the enemy enabled them to shoot with 
unerring aim, and it was not until their features were 
discernible that a deadly fire was poured into them, bring- 
ing down horses and men in one common slaughter. Again 
and again the Mexicans rallied, but to no purpose, as they 
were met each time by a deadly rain of bullets, which 




EARL VAN DORN. 



finally caused them to fall backward in hopeless confusion. 
Had the enemy conquered in that charge, says a writer of 
that day, " Santa Anna would have been the hero of Angos- 
tura." 

ii. Among the brave Mississippians in this war, Earl Van 
Dorn stands conspicuous. Appointed to West Point at the 
age of sixteen by President Jackson, he graduated at twenty 
years of age, and was ordered, as a second lieutenant, to 
duty in the far South. As a lieutenant in General Taylor's 
army he distinguished himself in battle by rehoisting his 



130 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

country's flag, which had been cut down by a cannon-ball, 
while the enemy's artillery was tearing up the ground 
around his feet and death seemed inevitable. He was next 
conspicuous in the perilous charge made by General Worth 
at Monterey ; afterward at Cerro Gordo, where he was one 
of the first to mount the parapets and engage in a hand-to- 
hand conflict with the enemy. He fought at Cherubusco, 
and at Belen Gate, where he was slightly wounded, and was 
with our army when it made its triumphant entry into the 
City of Mexico. For gallantry of conduct, he was promoted 
to the rank of major before the close of the war. 

12. A second regiment of Mississippi volunteers was 
organized for service in Mexico by Hon. Reuben Davis, of 
Aberdeen, who was elected its colonel. The war, however, 
terminating shortly after its organization, this regiment was 
not called into active service. On the return of General 
Taylor's troops from Mexico, they were awarded a reception 
in New Orleans, Sargent S. Prentiss bidding them wel- 
come in the name of the city. 

13. The entrance of the American army into the City of 
Mexico ended the war, though peace was not declared until 
February, 1848. Mexico made important concessions to the 
United States, the whole of California and New Mexico 
being given up to our government. Hon. Henry J. Ellett, a 
very distinguished lawyer of Mississippi, was appointed to 
fill out the unexpired term of Colonel Davis in Congress. 

14. New measures were constantly arising in that body 
which required the whole strength, not of Mississippi alone, 
but of the entire South, and no man was more entirely 
devoted to the interests of his country than Judge Ellett. In 
1847, Hon. Jesse Speight, Congressman from Mississippi, 
died while in the faithful performance of his official duties. 
Colonel Davis was appointed to the vacancy occasioned by 
Mr. Speight's death, and in 1848 received the appointment 
to the same place for the next term. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 131 

15. Judge H. S. Foote was appointed to succeed Robert 
J. Walker, who had been made Secretary of Treasury under 
President Polk. In 1847, Joseph W. Matthews, the Demo- 
cratic candidate for Governor of Mississippi, was elected. 
Ex-Governor Brown was elected to the Upper House of 
Congress; Hon. Jacob Thompson, VV. S. Featherstone, and 
P. W. Tompkins were elected to the Lower House of 
Congress. Governor Matthews was a "man of the peo- 
ple," plain and unassuming in manners and attire, but of 
remarkably strong will and powerful intellect. He possessed 
the confidence of the people to a remarkable extent. 

16. The Mexican war was ended formally by the treaty of 
Gaudaloupe Hidalgo, which was concluded February 2, 1848. 
On the 4th of July following, President Polk made public 
the proclamation of peace. All the vast territory now 
comprised in New Mexico, Utah, and California, was ceded 
to the United States by this treaty. In return Mexico 
received a compensation of fifteen millions of dollars. Gold 
was discovered in California about the time of this treaty, 
and a remarkable rush to the Pacific Coast began from all 
parts of the world. 



QUESTIONS ON CHAPTER XXI. 

Congressmen elected from Mississippi in 1845? Contestants for 
the office of United States Senator? What Whig candidate received 
the office at the hands of the Legislature? Re-election of Judge 
Chalmers? Legislation for the benefit of the School Fund in 1846? 
When was open warfare declared between Mexico and the United 
States? First American blood shed? Volunteers from the South? 
What requisition was made upon the Governor of Mississippi? First 
Regiment of Mississippi volunteers ? Its Colonel ? Promotion of 
General Quitman? Proceedings of the regiment during the summer 
of 1846? Its gallant conduct during the battle of Montery? Losses? 
Gallant conduct of Colonel McClung? Battle of Buena Vista? Report 
of General Taylor concerning the First Mississippi Regiment ? Famous 
letter "V" movement of Colonel Davis? Sketch of Colonel Van 



132 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



Dorn? By whom was the Second Regiment of Mississippi Volunteers 
organized? Why was it not called upon for active service? When 
was peace declared? Terms of the treaty with Mexico? Who was 
appointed to fill out the unexpired term of Jefferson Davis in Congress? 
New measures in that body? Death of Mr. Speight, and appointment 
of Mr. Davis to the vacancy? Appointment of Judge Foote? Elec- 
tion of Governor Matthews? Elections to the Upper and Lower 
Houses of Congress ? Character of Governor Matthews ? Treaty of 
Gaudaloupe Hidalgo? Proclamation of peace ? Territory acquired by 
the United States? What compensation did Mexico receive in return ? 
When was gold discovered in California? 




HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 1 33 



CHAPTER XXII. 

1848-1850. 

1. In 1848, the Legislature passed an Act for the leasing 
of the Chickasaw School Lands for a specified term of 
years. These lands were stocked with very fine timber, 
upon which such extensive depredations were made by law- 
less persons that it became necessary for the State to 
interfere for the protection of its own rights. 'A Land Office 
was established at Jackson, and a public auction of these 
lands was held, but as the Act provided that they should 
not be sub-divided into tracts of less than one-quarter 
section each, the sale of the lots was much slower than had 
been expected. 

2. In 1845, tri e city of* Natchez established a public school 
system of its own, for "all free white children over five 
years of age within the corporate limits of the city." These 
schools were conducted in an admirable manner, supervised 
by a Board of Visitors and taught by thoroughly trained 
teachers. An " Institute for the Blind," supported by 
private contributions, was opened in Jackson in 1848. 
" Hutchinson's Mississippi Code " was finished in 1848, and 
submitted to the Legislature for approval. It contained a 
full and complete compilation of the statute laws of Missis- 
sippi, and was admirably adapted to the wants of the legal 
profession of the State. The Legislature purchased two 
thousand copies for distribution among the officers of the 
State. 

3. The cotton crop of the State for the years 1848-9 was 
unusually small, and the price of the same was also 
extremely low. Added to this, there was also an unprece- 
dented overflow of the great river forming our western 



134 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

boundary. The cholera also made its appearance in the 
western portion of the State during the year 1849, and, for 
a time, under the influence of these combined evils, the 
finances of the State showed signs of great depression. By 
a careful and judicious policy, however, the State passed 
through these difficulties without serious embarrassment, 
and at the close of Governor Matthews' term of office he 
was able to congratulate the country on its peaceful and 
prosperous condition. 

4. At the Democratic Convention in Baltimore in 1848, 
General John A. Quitman received a very complimentary 
vote for Vice-President of the United States. He was also 
nominated by the Democratic State Convention that year as 
one of the presidential electors of the State at large. In 
the fall of 1849 he was nominated to succeed Governor 
Matthews, and received the enthusiastic support of a 
majority of the people of the State. The Whig candidate 
for Governor, Hon. Luke Lea, received the support of his 
entire party, but General Quitman was elected by a 
majority of ten thousand. Our representatives in Congress 
at that time were Jefferson Davis, Henry S. Foote, Jacob 
Thompson, Wm. McWillie, and ex-Governor Albert G. 
Brown. 

5. Early in the year 1850, these Senators and Representa- 
tives in Congress addressed a communication to Governor 
Quitman on a question which was then exciting the public 
mind everywhere, viz : the admission of California into the 
Union of States. The President of the United States in his 
annual message had recommended its admission, and it was 
supposed that a majority of both Houses of Congress would 
vote for it. Even before the ratification of a treaty of peace 
with Mexico, the slavery question had been violently 
agitated and the opponents of the institution in Congress 
sought to place restrictions upon its introduction into Cali- 
fornia and New Mexico before allowing them entrance into 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



135 



the Union. This, of course, was contrary to the opinions 
and interests of the representatives from the slave States, 
and protracted discussions of this unfortunate subject were 
of constant occurrence. 

6. The representatives of Mississippi wished, before cast- 
ing their votes upon this question, to have an expression of 




JUDGE WILLIAM L SHARKEY. 



opinion from the Governor and Legislature of the State, so 
that the course they might pursue would meet the approval 
of their constituents. On the nth of February, 1850, 
Governor Quitman stated the exigencies of the case to the 
assembled Legislature, laying before them, at the same 
time, the address of their members in Congress. The 
Legislature agreed with the Governor that, on the common 
principles of equal justice to all the States of the Union, the 
common territory of the new States should be opened to all 
the older States alike, without regard to the laws respecting 



136 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

their peculiar domestic institutions, and their representatives 
in Congress were advised to vote in accordance with this 
decision. 

7. Governor Quitman was one of the first to suggest the 
idea of a general convention, composed of the delegates from 
the Southern States, who should consult together as to the 
best means of protecting the rights of slave-holding States. 
The celebrated Nashville Convention, of 1850, was the 
direct result of this suggestion. That illustrious statesman, 
Judge William L. Sharkey, was chosen President of this 
convention, and exercised the important duties of the office 
in a characteristic manner. Soon after the adjournment of 
the convention, he was offered the position of Secretary of 
War by President Fillmore, but declined the proffered honor. 
He resigned the office of Chief Justice about this time, and 
resumed the practice of law. 

8. In September, 1850, the celebrated " Omnibus Bill," 
of which Henry Clay, the idol of the Whig party, was the 
author, was passed in Congress. It provided for the aboli- 
tion of slavery in the District of Columbia ; that California 
should be admitted into the Union as a free State; that ten 
million dollars be paid to the State of Texas as a compensa- 
tion for the territory of New Mexico, and that a law be 
passed for the arrest and return to their masters of fugitive 
slaves. 

9. This was the "Compromise Measure" of 1850, and 
upon its merits the people of Mississippi were very much 
divided. The party of which Governor Quitman was the 
representative, opposed the measure as unjust to the inter- 
ests of the South, while the opposing party, under the 
leadership of Judge Sharkey and Senator Foote, were in 
favor of acquiescing in the terms of the bill. The contro- 
versies growing out of this measure finally led to the break- 
ing up of old party organizations and the organization of the 
"Southern" or "States' Rights" party, which took the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 137 

place of the Democratic party for the time, and the Union 
or Constitutional party, which rose to life from the ruins of 
the Whig party. 

10. From the census of 1850, some idea as to the rapid 
advance made by Mississippi in material prosperity may be 
obtained. The State was divided into fifty-nine counties, 
of which twenty-three were in Northern Mississippi, and 
thirty-six in the southern portion of the State. The whole 
number of inhabitants in the State amounted to six hundred 
and six thousand five hundred and sixty-five. Home manu- 
factures for the year ending June 1, 1850, amounted to 

$1,164,020. 

11. The railroad prospects throughout the State were 
highly encouraging. The Vicksburg, Jackson & Brandon 
road had been finished and was in successful operation ; 
while the Mobile & Ohio, the New Orleans, Jackson & 
Northern, which, when finished, would traverse the State 
from north to south, were in process of construction. The 
Memphis & Charleston, traversing the State from east to 
west on the north line, one from Madison ville on Lake 
Pontchartrain eastward to a junction with the Mobile & 
Ohio, and a line from Selma, Alabama, westward to Bran- 
don, there to unite with the Vicksburg road, were also in 
course of construction. Lateral lines that would extend 
from these main lines to the centers of production, and so 
build up a system of local communication, both for travel 
and trade, were in contemplation. 

12. The banking system was unsound and was a great 
drawback to the prosperity of the State. The Northern 
Bank of Mississippi, ax Holly Springs, established with a 
capital of $100,000, was in a sound financial state. The 
militia force of the State consisted of thirty-six thousand 
and eighty-four men, of whom eight. hundred and twenty- 
five were commissioned officers. The Mississippi Lunatic 
Asylum and the Asylum for the Blind, at Jackson, were in 



138 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

successful operation at this time. An Act passed May 23, 
1850, apportioned to Mississippi five representatives to the 
Congress of the United States. 

13. The common school system of the State had not 
proved as efficient as was desired, the widely-scattered popu- 
lation proving a great barrier to its success. Amendments 
to the School Law of 1846 had been made, and special laws 
to govern particular counties were enacted. The University 
of Mississippi, at Oxford, Mississippi College, at Clinton, 
and Oakland College, were the most noteworthy institutions 
in the State. In 1850 the University was equipped with six 
professors, and had an attendance of one hundred and thirty- 
four students. 

14. The whole number of newspapers and other periodi- 
cals at that date was fifty-six. Of these, twenty-one were 
Democratic, sixteen Whigs and nineteen independent in 
politics. The Sentinel and the Whig, both published at 
Vicksburg, were issued tri-weekly ; the Natchez Courier 
and Natchez Free Trader semi-weekly. Four weekly papers 
were published at Jackson, the capital ; three each at 
Kosciusko and Houston ; two each at Carrollton, Lexington, 
Fayette, Oxford, Canton, Holly Springs, Aberdeen, Pontotoc, 
and Woodville; one each at Liberty, Port Gibson, Gallatin, 
Hernando, Gainesville, Biloxi, Paulding, Monticello, Marion, 
Columbus, Macon, Holmesville, Panola, Brandon, Jacinto, 
Ripley, Louisville, Grenada, and Coffeeville. 

15. The cotton crop of 1850 numbered four hundred and 
eighty-four thousand two hundred and ninety-three bales, of 
four hundred pounds each ; tobacco, forty-nine thousand 
nine hundred and fifty pounds ; wheat, one hundred and 
thirty-seven thousand nine hundred and ninety bushels ; 
Indian corn, twenty-two"~million four hundred and forty-six 
thousand five hundred and fifty-two bushels. 

The value of live stock in the State was placed at 
$19,403,662. Of lands occupied, at $54,738,634. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 139 

QUESTIONS ON CHAPTER XXII. 

Action of the Legislature in regard to Chickasaw School Lands? 
Establishment of Land Office? Public-school system of Natchez? 
Institute for the blind? Hutchinson's Code? What of the cotton 
crop of 1848-9? Overflow? Cholera? Financial depression? Close 
of Governor Matthews' term? His successor? Whig nominee for 
Governor? Mississippi's representative in the National Legislature? 
Communication from these Senators and Representatives to Governor 
Quitman 5 What question was in violent agitation ? Action of 
Governor Quitman and the Legislature of Mississippi on the com- 
munication from their representatives in Congress? Governor Quit- 
man's suggestions in regard to a general convention of the slave-hold- 
ing States? What of the Nashville Convention of 1850? Who was 
chosen President? What high official position did Judge Sharkey 
decline? Who was the author of the " Omnibus Bill" in Congress, 
and what were some of its provisions? How were the political parties 
in Mississippi divided on the merits of the "Compromise Measure" 
of 1850? To what did their controversies finally lead? State some 
facts drawn from the census of 1850. Railroads then in operation 
throughout the State? The banking system of the State? The State 
militia? Institution for the insane and for the blind at Jackson? 
Why had not the common-school system of the State proved more 
efficient? Amendments to the School Law? The University in 1850? 
Number of newspapers and other periodicals in the State at that time ? 
What of the cotton crop of 1850? 



140 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXIII. 

1850-1852. 

1. In 1850 the expedition against Cuba by Lopez was 
fitted out. Governor Quitman, of Mississippi, whose charac- 
ter and training rendered him the friend of the oppressed in 
every clime, openly sympathized with the enterprise, and 
for this he was arrested early in 185 1 by the order of the 
President of the United States and carried to New Orleans 
to await his trial before the Federal Court, on the charge of 
having violated the laws of the land. 

2. The arrest and removal of the Chief Executive of a 
State from his own seat of government caused great excite- 
ment, especially in Mississippi, where Governor Quitman 
was universally beloved and admired. Immediately after 
his arrest the Governor resigned his office, being unwilling 
to hold it while a charge of violating the law was pending 
against him. He accompanied his resignation with a letter 
to the people of the State, explaining his position and pro- 
testing against the arbitrary course of the President in caus- 
ing his arrest. 

3. The people received this letter with feelings of mingled 
regret and indignation, and the act of the United States Gov- 
ernment was everywhere condemned. Governor Quitman 
was tried on the charges preferred against him and received 
honorable acquittal. The upright and manly course pursued 
by him during this trouble with the Government endeared 
him still more to the people of his own State, as was evinced 
by the action of the Democratic State Convention, which, in 
the fall of 185 1, renominated him for the office of Governor. 

4. After the resignation of Governor Quitman, the duties 
of the office devolved, as the Constitution required, upon the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. HI 

President of the Senate, who, in this instance, was Judge 
John J. Guion, a prominent lawyer of the western portion 
of the State. He filled the office of Governor from the 3d 
of February to the 3d of November, 185 1, when he left the 
Executive to fill the position of Circuit Judge, to which 
he had been elected. For the first time in the history of the 
State an interregnum occurred in the office of Governor. On 
the 25th of November the vacancy was filled by the election 
of James Whitfield, acting President of the Senate. 

5. The resignation of Judge Sharkey, and the appoint- 
ment of Collin S. Tarpley to a seat on the Supreme Bench, 
occurred during the incumbency of Governor Whitfield. 
His right to make the appointment was questioned, in con- 
sequence of which Judge Tarpley resigned. 

6. In the fall of 185 1, the party in Mississippi opposed to 
the adoption of the " Compromise Measure'* nominated 
General Quitman as their candidate for the office of Gov- 
ernor. A convention was soon afterward held by the more 
conservative members of the party, which declared unani- 
mously for acquiescence to the measures of the bill intro- 
duced by Mr. Clay. Upon this declaration General Quitman 
withdrew from the canvass, believing that some one more in 
accord with the spirit of this convention should be chosen. 
Though Jefferson Davis, then representing Mississippi in 
Congress, had opposed the passage of Mr. Clay's bill, as 
" being at variance with the general purposes of the Union, 
and so destructive of the harmony and mutual benefit which 
the Constitution was intended to secure," he was nominated 
for the office of Governor by the same party which had 
proved too conservative for the fiery spirit of General Quit- 
man. 

7. Mr. Davis resigned his office to accept the nomination 
for Governor at the hands of the Democratic or " States' 
Rights" party only a few weeks previous to the general 
election. His opponent, the champion of the Whig party, 



142 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

was Henry S. Foote, who in Congress had warmly espoused 
the principles of Mr. Clay's bill. 

Jacob Thompson took an active part in this campaign, 
having been nominated for Congress on the ticket with Mr. 
Davis. 

8. After a short but exciting contest, the Whigs succeeded 
in electing their entire ticket, the majority of Judge Foote 
over Mr. Davis being nine hundred and ninety-nine. John 
J. McRae was appointed by the Governor to fill the vacancy 
caused in Congress by the resignation of Mr. Davis, and at 
the next meeting of the Legislature, Stephen Adams was 
elected for the remainder of the term. 

The vacancy caused by the resignation of Judge Foote 
was filled by the appointment of Walter Brooke. The Con- 
gressmen elected at this time were Benjamin D. Nabors, 
John A. Wilcox, J. D. Freeman, and Albert G. Brown. 

9. The administration of Governor Foote proved entirely 
satisfactory to both political parties, his attitude toward the 
compromise question, and against the doctrine of secession, 
satisfying the peace-loving element of both parties. That 
the State was advancing rapidly in material prosperity no 
one could doubt. In 1852, the Mississippi & Tennessee Rail- 
road, a short line from Memphis, Tennessee, to Grenada, 
Mississippi, was incorporated by the Legislature. The 
Mobile & New Orleans road, chartered the same year, would, 
it was hoped, in passing through our State, develop one of 
the finest tracts of country in the South. 

10. Great inducements were offered to persons wishing to 
immigrate to the State at this period. An Act was passed 
in 1853 granting pre-emption to actual settlers on certain 
lands granted the State to aid in the construction of the 
Mobile & New Orleans Railroad. 

11. In 1853, the Democratic party in Mississippi again 
came into power. John J. McRae was nominated for Gov- 
ernor, and in due time defeated his opponent of the Whig 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 143 

party, Charles Fontaine. Governor McRae was of Scotch 
parentage, and belonged to a family possessing an unusual 
degree of intellect and ambition. Brought to Mississippi in 
his infancy, he was educated at an Ohio university, and 
returned home to study law under that eminent jurist, Judge 
Pray, of Pearlington. 

12. After receiving license to practice law, he removed to 
Paulding, Jasper county, Mississippi, and for a short time 
assumed control of the Clarion, which had been established 
there in 1837. Wishing to engage more actively in the 
material development of the State, he disposed of his paper, 
and founded the town of Enterprise, at the head of naviga- 
tion on the Chickasawhaya river. He secured from the 
Legislature an appropriation of thirty thousand dollars for 
the improvement of that river, his steamboat, the Triumph, 
being the first vessel that ever plowed its waters. 

13. Soon afterward, McRae entered politics, and was 
elected to represent Clarke county in the Lower House of 
the Legislature. He was made Speaker of the House, and 
soon became the most popular man in the State. He was 
elected to the State Senate from Clarke and Jasper counties, 
and was appointed by the Governor to fill the vacancy 
occurring upon the resignation of Mr. Davis. On the 18th 
of February, 1852, he resigned his seat in the United States 
Senate, and the vacancy was filled the same day by the 
election of Stephen R. Adams. In the election of 1853, 
McRae was swept into the Governor's seat by a very large 
majority. 

14. The Congressmen-elect, at the time of Governor 
McRae's accession to office, were William Barksdale, Daniel 
B. Wright, W. S. Barry, O. R. Singleton, and Wiley P. 
Harris. Albert G. Brown was elected to the Senate of the 
United States, in 1853, for the long term. 



144 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



QUESTIONS ON CHAPTER XXIII. 

What connection did Governor Quitman, of Mississippi, hold with 
the expedition of Lopez against Cuba? What of his arrest by the 
President of the United States? Excitement consequent thereon? 
Resignation of the Governor? Result of his trial? Upon whom did 
the duties of Governor devolve after the resignation of Governor 
Quitman ? How was the interregnum caused by the election of Guion 
to another office filled? Resignation of Judge Sharkey and the 
appointment of his successor? Nomination of Quitman for Gov- 
ernor ? Division of sentiment on Compromise Measure and withdrawal 
of Quitman from the canvass? Nomination of Jefferson Davis for 
Governor? His opponent? Triumph of the Whigs and election of 
Foote? By what majority? Who was appointed to fill Mr. Davis' 
vacant seat in Congress ? Mr. Foote's? Congressmen elected at this 
time? Administration of Governor Foote? Prosperity of the State? 
Railroad lines? Inducements to immigrants? Who was elected 
Governor to succeed Foote? By what party? Outline of McRae's 
life and character? Congressmen-elect at the time of McRae's acces- 
sion to office? 







HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 145 



CHAPTER XXIV. 

1852-1856. 

1. The chief subjects of discussion in Mississippi at this 
time were the various insidious attacks made by the people 
of the North upon the institutions of the South, and to such 
a height of popular excitement was the public mind raised 
that no politician stood the least chance for election who 
showed the slightest tendency to 'sympathize with the views 
of the Northern people. Gradually the conviction was 
fastening itself upon the minds of thoughtful men, that these 
controversies could only be settled by war. Candidates for 
public favor were driven along by the expressed will of the 
people, and all the messages and debates of the period were 
colored by the controverted subjects. The love of the 
Union, however, was still strong, and good men every- 
where dreaded the issue. Among these statesmen was 
William Yerger, the great "Constitutional lawyer," who 
rendered himself famous by the delivery of his individual 
opinion in the celebrated case of "the State of Mississippi 
against Hezron A. Johnson," in 1853, an opinion contrary 
not only to the decisions of the highest legal authority, but, 
as he knew before the deliverance of his opinion, fatal to 
his own prospects of official advancement. 

2. In 185 1 the Whigs, under the aggressive leadership of 
Henry Stuart Foote, regained for a short time their lease of 
power, but as soon as the " Compromise Measure " ceased to 
be the leading issue, the Democratic or States' Rights party 
regained the ascendency, and in the turmoil and strife of 
succeeding years the Whig party, whose past record was so 
glorious, gradually became absorbed into other organizations. 
The ablest of the Whig leaders opposed the doctrine of 



146 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

secession or withdrawal from the Union to the last ; Judge 
Sharkey, the most conspicuous figure among them, remain- 
ing firm in his devotion to the Union through all the perilous 
years of the Civil war. So pure was his character, however, 
and so lofty his devotion to principle, that he maintained the 
respect of all classes of people, and at the close of the terri- 
ble struggle between the North and South, was chosen by the 
people of his State to act as mediator between them and an 
offended Government. 

3. Governor McRae was a strong advocate of the internal 
improvement of the State, but believed that it could be 
effected without the aid of the Federal Government. He 
was the decided opponent -of a protective tariff, believing 
that duties should be laid on "strictly for revenue," making 
protection always the incident. As Mississippi was pecu- 
liarly an agricultural State, he believed that the best efforts 
of the State Government should be given to the encourage- 
ment and promotion of that branch of industry, and that the 
whole people should be encouraged to unite their efforts in 
the development of agricultural science, so important to the 
interests of a planting community. 

4. On the 13th of January, 1854, the Legislature of 
Mississippi endorsed the administration of President Pierce 
in the following resolutions, adopted in the Senate : 

Resolved, First: That we cordially approve of the administration of 
Franklin Pierce ; that we recognize in him a firm upholder of the 
Union of States and a fearless defender of States' Rights, as 
expounded and defended by the Fathers of the Republic. 

Resolved, Second: That the policy of the President, as exhibited in 
his message and executive appointments, in discountenancing all further 
slavery agitations, "in and out" of Congress, meets our hearty 
approbation, both on account of its consonance to his known antece- 
dents and pledges before his election, and because we believe that the 
discussion of the exciting questions connected therewith is eminently 
dangerous to the institution itself and destructive to the best interests 
of the country. 

Resolved, Third: That the appointment by the President of the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 147 

favorite son of Mississippi, Colonel Jefferson Davis, to a seat in the 
Cabinet, is just cause of rejoicing to the people of the State ; that the 
President, in selecting him to preside over the War Department, while 
he exhibited an instance of practical devotion to the interests of the 
whole nation in the choice of one possessing such eminent abilities, at 
the same time manifested a becoming deference to the voice of the 
people of the whole South in making an integral portion of his admin- 
istration that hero-statesman, who is no less distinguished for his 
chivalry on the field of battle, his wisdom in the Cabinet, and his elo- 
quence in the Senate, than for his patriotic devotion to the interests of 
every part of our common country. 

These resolutions are quoted as expressing the sentiments 
of a majority of the people of Mississippi during the decade 
that preceded the Civil war. 

5. John J. Pettus, Secretary of State during the adminis- 
tration of Governor McRae, was one of the most pronounced 
States' Rights Democrats in the South. He was a states- 
man of great intellectual gifts and wielded great influence 
over the Democratic party. At the end of Governor 
McRae's first term his hold upon the affections of the people 
was so strong that he again received the nomination of his 
party for Governor. He was elected over his opponent, 
F. M. Rogers, the nominee of the Whig party. The mem- 
bers of Congress from the State at this time, 1855, were 
Daniel B.Wright, H. S. Bennett, William Barksdale, W. A. 
Lake, and ex-Governor John A. Quitman. 

6. As an instance of the material progress made by the 
State under the supervising care of Governor McRae, we 
notice the great improvement made in the condition of the 
bottom lands under an efficient levee system. James L. 
Alcorn, a prominent planter of this section of the State, 
was made President of a " Superior Board of Levee Com- 
missioners," by whose exertions the products and popula- 
tion of the bottom counties were largely increased. The 
" Chickasaw School Fund" was greatly benefited by the 
workings of the levee system. Previous to its organization 



148 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

those lands which were intermixed with State lands were 
entirely without purchasers. 

7. The legislation of this period was a great improve- 
ment on that of the past. The acts of the Legislature 
favoring agriculture and commerce were hailed with delight 
by the people of the State. The years 1855-6 saw the 
birth of a new but short-lived party in the United States. 
This was the American or " Know-Nothing" party, which 
drew much of its strength from the old Whig party. The 
platform of this party was opposition to the suffrage of 
foreigners until after a lengthy residence in the United 
States, and also to the election of Roman Catholics to office. 
This party gained but few recruits in Mississippi, though 
ex-Governor Foote, who had removed to California, identi- 
fied himself with the Know-Nothing party in that State. 

8. The Republican party in the United States had birth 
in 1856, its platform being open hostility to slavery. Its 
nominees for that year were John C. Fremont for President, 
and William L. Drayton for Vice-President. The National 
Democratic Convention adopted again the Compromise 
measures of 1850, approved of the territorial legislation of 
that year, and nominated for the presidential office James 
Buchanan, of Pennsylvania, and for Vice-President, John C. 
Breckinridge, of Kentucky. The election resulted in a 
complete victory for the Democratic party. That party 
now held all others in abeyance in Mississippi. In 1856, 
Hon. W. L. Sharkey, W. P. Harris, and Henry T. Ellett 
were appointed to revise the Code of Laws of the State. 
The work was performed in an able and skillful manner, 
was accepted by the Legislature at its next session, and is 
known as the Revised Code of 1857. 

9. It was during these years that the struggle in Kansas, 
between the pro-slavery and anti-slavery parties, was going 
on. As Congress had passed a law that the people of 
Kansas were to decide whether or not the Territory should 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 149 

have slavery, large numbers of settlers from both the 
Northern and Southern States emigrated to Kansas, and the 
"border warfare," a short but sanguinary struggle, began 
between the opponents and the advocates of slavery. This 
struggle brought into public notice a fanatical old man, an 
ardent advocate for the abolition of slavery, named John 
Brown, known in Kansas as " Ossawatomie." He attained 
great notoriety there by his connection with the many deeds 
of violence committed under the guise of the love of free- 
dom. Encouraged by this ill-earned fame, he afterward 
planned what is known in history as " John Brown's Raid 
on Harper's Ferry." 



QUESTIONS ON CHAPTER XXIV. 

What were the chief subjects of discussion in Mississippi at this 
time? What conviction was fastening itself upon the minds of 
thoughtful people? Candidates for public favor? The case of 
William Yerger? In what year did the Whigs regain for a short 
while their lease of power? What party absorbed all others in the 
South? The Whig leaders? Judge Sharkey? Of what was Gov- 
ernor McRae a strong advocate? Give his opinions on other important 
questions. In what manner was Pierce's administration endorsed by 
the Legislature of Mississippi? Give an outline-sketch of John J. 
Pettus? How many terms did Governor McRae serve? His opponent 
during the canvass for the second term ? Members of Congress from 
the State at this time? Material improvement of the State under 
Governor McRae? Who was placed at the head of a " Board of 
Levee Commissioners" formed for the improvement of the bottom 
lands? Improved legislation? Birth of the " Know-Nothing Party?" 
Platform of this party? Was it popular in Mississippi? When was the 
Republican party first organized? Its platform? Candidates? Plat- 
form and candidates of Democratic party ? Result of election ? Who 
were appointed to revise the Code of Laws in 1857 ? What of the 
struggle in Kansas? Career of " Ossawatomie Brown " in Kansas? 
John Brown's Raid on Harper's Ferry? 



150 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXV. 

1857-1858. 

1. Near the close of Governor McRae's second term of 
office, the Democratic party nominated William McWillie 
for Governor, and L. Q. C. Lamar, Reuben Davis, William 
Barksdale, Otho R. Singleton, and John A. Quitman for 
Congress. The Whigs nominated E. M. Yerger for Gov- 
ernor. No man or party could, at this period, resist the 
impetus of the States' Rights doctrine, and the Democratic 
candidates were swept into office by a large majority. 

2. Mississippi has, at no period in her history, been more 
ably represented in Congress than at this time. Her Sena- 
tors, Albert G. Brown and Jefferson Davis, the latter having 
been elected March 4, 1857, were the acknowledged leaders 
and champions of Southern rights, and bravely resisted the 
attacks of the fanatical anti-slavery men upon the institu- 
tions of the South. 

3. When Congress met in December, 1857, it was appar- 
ent that slavery was to be the great issue of the session. 
The agitation of the Kansas Bill was at its height, and the 
strength of the opposing sides in both Houses of Congress 
was brought to bear upon this question. Robert J. Walker, 
who, after filling the office of Senator from Mississippi with 
distinction, had been promoted to the head of the Treasury 
Department under President Polk, was now filling the office 
of Governor of Kansas, by the appointment of President 
Buchanan, though the hope of the administration that his 
counsels and influence would allay sectional hostility proved 
futile. 

4. Senator Brown, who, during the period of his service 
in Congress, had engaged in the consideration of many 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



151 



subjects of importance to the Union, was a fluent and fear- 
less speaker, distinguished for the fullness and accuracy of 
his knowledge, the vigor of his logic, and the fairness of his 
reasoning. 

5. The following picture of Senator Davis, drawn by a 
contemporary " Black Republican," gives some idea of the 




JEFFERSON DAVIS. 

opinion entertained of the gallant defender of " Southern 
Rights" by his political enemies: 

" Davis, in listening to an anti-slavery speech in the Senate, sits 
erect and composed, impressing the spectator who observed his easy 
but authoritative bearing, with the notion of some slight superiority, 
some hardly-acknowledged leadership. In face and form he represents 
the Norman type with singular fidelity. He is tall and sinewy, with 
fair hair, gray eyes, which are clear rather than bright, high forehead, 
straight nose, thin, compressed lips, and pointed chin. His cheeks are 



152 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

hollow, and the vicinity of his mouth is deeply furrowed with inter- 
secting lines. Leanness of face, length and sharpness of features, 
and length of limb and intensity of expression, rendered acute by 
angular facial outline, are the general characteristics of his appear- 
ance. Davis' voice is what the opera people call a barytone. It serves 
well for the purpose of public speaking, for, though monotonous, it is 
pleasing to the ear, and fills a large circle with the sonorous cadence. 
He is didactic, states rules and principles rather than facts and argu- 
ments. He gives the ultimate inference, but suppresses the mental 
process by which he discovered it. When he rises to any question, 
you may take it for granted that he is master of the subject. The 
faculty of generalization would seem to be the dominant one of his 
mind. He sometimes affects the pathetic, but with doubtful results, 
and he shuns the realms of the imagination. Even in his speeches 
you can not fail to recognize the evidence of great administrative 
capacity. He is equally well qualified for shining in council and con- 
troversy." 

6. L. Q. C. Lamar, Representative from the First District, 
delivered his maiden speech in the House, on the Kansas 
question, January 13, 1858. He stated, in the beginning, 
that with him the promotion of Southern interests was sec- 
ondary only to the preservation of Southern honor, and that 
the time had come when the South must put a stop to 
Northern aggressions, regardless of all risks or consequences. 
His eloquence and manliness, as shown by the entire speech, 
elicited the highest encomiums from both press and people, 
and placed the young orator at once in the front rank of 
Southern speakers. Mr. Lamar had removed from Georgia 
to Mississippi in early life, had been elected on account of 
his scholarly attainments to a professorship in the University 
of Mississippi, and was now, at the opening of his political 
career, beginning to show forth those qualifications of mind 
and heart that, for nearly half a century, were to keep him 
in the front ranks of the political arena. In the course of 
this protracted debate on the Kansas-Nebraska question, 
Barksdale, Singleton, and Davis, all of Mississippi, delivered 
masterly and effective speeches. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 168 

7. General Quitman, whose moral heroism was equal to 
his courage on the field of battle, alone of all the Mississippi 
delegation, took the opposite side of this question. Differing 
from the majority of his Southern friends, and following the 
suggestions of his conscience, General Quitman voted 
against them. All accorded him that right, and not one of 
them reproached him for the act. 

8. In March, 1857, Jacob Thompson was appointed Secre- 
tary of the Interior under President Buchanan. Thus 
another name was added to the long list of eminent states- 
men from Mississippi who had rendered themselves illustri- 
ous by their services at the National Capital. An Act was 
passed this year to aid in the construction of the New 
Orleans, Jackson & Great Northern Railroad, of which 
Governor McWillie was one of the Directors. On the 31st 
of March, 1858, the railroad was finished, forming the con- 
necting link between New Orleans, the great emporium of 
the South, and the new and flourishing capital of Mississippi. 
On the arrival at the depot in Jackson of the first train 
that passed over the road, bells were rung, cannon fired, and 
all the manifestations of a grand jubilee made. 

9. A loan of the Chickasaw School Fund was made in the 
year 1858, to the four leading railroad companies whose 
lines traversed portions of the State, the New Orleans, 
Jackson & Great Northern, the Mobile & Ohio, the Missis- 
sippi Central, and the Mississippi & Tennessee, each com- 
pany receiving an equal share of the loan. 

10. Governor McRae retired from office at the close of his 
second term, carrying with him the respect and good-will 
of the people of the State. Governor McWillie was inau- 
gurated under very favorable circumstances. William 
McWillie was born in South Carolina, November 17, 1795, 
migrated to Mississippi in 1845, was elected Governor of the 
State in November, 1857, and was inaugurated January, 
1858, being the fifteenth Chief Magistrate of the Common- 
wealth, 



154 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ii. The first message of the new Governor related almost 
entirely to the great material wants of the State, railroads 
and levees. " The world once looked to the Nile for bread ; ( 
in all time to come it will have to look to the Mississippi 
valley for cotton," said Governor McWillie. 

12. The University of Mississippi was reported at this 
time to be in a highly prosperous condition. It was easily 
accessible to every portion of the State, and liberal appro- 
priations had furnished it with all the appliances requisite I 
for imparting an advanced and liberal education. This 
grand institution has ever been the pride and boast of 
Mississippians. From its walls have issued the noblest 
specimens of Southern chivalry and manhood, those who 
were able in times of peace the "applause of listening 
Senates to command," and in time of a nation's peril 
equally able to vanquish the armed hosts who dared to 
invade their native land. 



QUESTIONS ON CHAPTER XXV. 
Whom did the Democratic party nominate to succeed Governor 
McRae? Who were the nominees of that party for Congress? What 
question at this time dominated all others? Who represented Missis- 
sippi in the National Senate? Of what were they the acknowledged 
champions? The great issue in Congress that session? The Kansas 
Bill? What offices did Robt. J. Walker fill after having served 
Mississippi in the Senate of the United States? For what was 
Senator Albert G. Brown distinguished? Give an outline-sketch of 
Senator Davis as drawn by a " Black Republican." When did L. Q. C. 
Lamar make his first speech in the National House of Representa- 
tives? His eloquence and manliness as shown by his speech? Early 
history of Senator Lamar? Attitude of Barksdale, Singleton, and 
Davis on the Kansas-Nebraska question? Of General Quitman? 
When was Jacob Thompson appointed Secretary of the Interior? 
What of the New Orleans, Jackson & Great Northern Railroad? 
Loan of the Chickasaw School Fund? Close of Governor McRae's 
second term? Inauguration of his successor? Sketch of William 
McWillie? The first message of the new Governor? Report of the 
University of Mississippi? Character of the students issuing from 
this institution ? 






HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 155 



CHAPTER XXVI. 

i 8 59-1 860. 

1. In 1858, while still a member of Congress, General J. 
A. Quitman died. His loss was deplored by the people of the 
State, who looked upon him as both hero and statesman. 
Ex-Governor John J. McRae was chosen to succeed him in 
office. 

2. On the nth of October, 1858, Jefferson Davis deliv- 
ered his celebrated speech before the Democracy of Boston, 
Massachusetts. In this address, which was the subject of 
much criticism throughout the United States, Mr. Davis 
re-affirmed the doctrine that Congress had no power over 
slavery in the territories beyond that of protecting it, as it 
was taken there by the Constitution, and the people pre- 
served the right of determining the character of their institu- 
tions for themselves. 

3. The majority of the Northern papers raised a loud 
clamor against Mr. Davis when this address was published, 
and he was also condemned by a portion of the Southern 
press, but the young and vigorous States' Rights party, 
through both press and people, hailed the utterance of these 
sentiments in the stronghold of abolitionism, with enthusiasm 
and delight. 

4. During the latter portion of Governor McWillie's term, 
his popularity was much impaired by his free use of the 
pardoning power. Being a man of unusual susceptibility of 
feeling and goodness of heart, his sympathies were easily 
enlisted in behalf of criminals who had been condemned to 
undergo a rigorous punishment, and in pardoning them it 
was thought the ends of justice were sometimes defeated. 
Alluding to the fact that he had brought censure upon him- 



156 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

self by thus endeavoring to temper justice with mercy, Gov- 
ernor McWillie said in one of his messages: "I would 
assuredly rather be censured for being too merciful, than to 
be praised for over-severity or cruelty." 

5. The condition of the country had by this time become 
so precarious that the Governor, in his annual message, 
called the attention of the people to the attitude assumed by 
the Federal Government toward the Southern States. " If 
I could/' said he, " consistently with my duty avoid this 
question, I would most assuredly do so, for in magnitude and 
importance it swallows up all others. I approach it with a 
deep sense of the responsibility of my position and the 
mighty issues involved. I can truly say for myself that if I 
have one object of earthly idolatry, it is to be found in my 
devotion to the Union." 

6. The agitation of the slavery question, both in and out 
of Congress, continued. The raid on Harper's Ferry by 
John Brown and his men in the fall of 1859, did more to 
exasperate the Southern people than all the legislation Con- 
gress had yet been able to effect. In reference to this 
atrocious outrage, Governor McWillie, in his last message to 
the Legislature, said : " I would urge upon you the propriety 
of providing for the arming of the State militia, particularly 
the volunteer companies. The mouth of the cannon and 
the glitter of steel are much stronger arguments of power 
than those of the brain. The outbreak at Harper's Ferry 
might just as easily have happened in Mississippi as in Vir- 
ginia." These were the sentiments of a man noted for his 
pacific disposition, and indicated the state of the country 
that was ripening for civil war. 

7. The Democratic Convention of 1859 nominated for the 
executive office the Hon. John J. Pettus, the noted "war 
Governor." The nominees for Congress were those who 
had served the preceding term, with the exception of the 
representative from the Fifth District ; General Quitman hav- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 157 

ing died during his term of office, John J. McRae was elected 
to fill his place. The entire ticket was, of course, elected, 
the Whig party making little or no opposition. 

8. Governor Pettus was one of the ablest of the Southern 
Rights leaders and the open advocate of secession. His 
inaugural address presented briefly the principles and policy 
which were to govern his administration. Education, agri- 
culture and the internal improvement of the State were lead- 
ing topics. He predicted with remarkable accuracy the 
consequences that would ensue should the Republican party 
gain the ascendency in the government of the United 
States. 

9. He advised the Southern States to unite uncompromis- 
ingly against the doctrines of abolitionism and the aggressions 
of the Northern States, resisting by force of arms, if neces- 
sary, any encroachment upon their rights. Governor Pettus 
recommended to the Legislature the levying of a special tax 
on all goods, wares, and merchandise offered for sale in the 
State, that were manufactured elsewhere. Foreseeing that 
the State would soon be thrown upon her own resources by 
the exigencies of war, he wished in this way to compel the 
people to adopt measures that would render them self-sup- 
porting. 

10. In April, i860, the National Democratic Convention 
met at Charleston, South Carolina, for the purpose of nom- 
inating a candidate for the presidency, and otherwise pro- 
viding for a campaign against the Republican party, which 
had now grown to formidable proportions. This convention 
was composed of delegates from all the Southern States and 
many of the Northern States. The Mississippi delegation 
was composed of some of the ablest men in the State. 

11. Unfortunately, this convention was characterized by 
the same division of sentiment that prevailed elsewhere 
among members of the different sections. The Northern 
delegates having a majority, passed resolutions, which, 



158 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

being obnoxious to the Southern members, were resented 
with indignation. 

12. These unhappy dissensions at last culminated in the 
withdrawal of the delegates from several Southern States. 
Under the leadership of William L. Yancey, of Alabama, 
these delegates, after their withdrawal, called a convention 
to be held the following June, in Richmond, Virginia. The 
remaining members of the Charleston convention adjourned 
without making any nominations, to meet in Baltimore, 
Maryland, June, i860. 



QUESTIONS ON CHAPTER XXVI. 

What of the death of General John A. Quitman ? Who was 
elected to succeed him ? When was the celebrated speech of Mr. Davis 
delivered at Faneuil Hall, Boston ? Comments of Northern press ? 
How was Governor McWillie's popularity impaired during his second 
term of office ? His defense of himself ? To what did the Governor's 
annual message call the attention of the people ? In view of the outrage 
at Harper's Ferry, what did Governor McWillie urge upon the Legisla- 
ture of that State? Who was the Democratic nominee for Governor in 
1859? The nominees for Congress? Was the entire ticket elected? 
Who succeeded John A. Quitman ? Governor Pettus as a popular 
leader? His inaugural address? Recommendation to the Legislature? 
What of the celebrated " Charleston Convention " in i860? Division 
of sentiment among its members? Withdrawal of Southern dele- 
gates? Adjournment of Convention? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 150 



CHAPTER XXVII. 

i860. 

1. The action of the Charleston Convention created 
intense excitement all over the South. The feeling became 
very general that a dissolution of the Union was imminent, 
and, to prevent this, if possible, a new party was organized 
under the name of the " Constitutional Union" party. 
At a convention held in Baltimore, June, i860, this party, 
which was composed mainly of remnants of the old Whig 
party, nominated John Bell, of Tennessee, for President, 
and Edward Everett, of Massachusetts, for Vice-Presi- 
dent. 

2. No platform was adopted by this party, except what 
its name indicated, its mission, confessedly, being to concili- 
ate both sections of the country, and avert the threatened 
dissolution. This young and vigorous party obtained many 
recruits from the ranks of the older organizations, especially 
in the South. Many of the most influential members of the 
old Whig party — now extinct — identified themselves with 
the Union party, counseled against rashness, and pleaded 
for the preservation of the Union, for which their forefathers 
had bled and died. 

3. The Richmond Convention met only to adjourn until 
after the Baltimore Convention. That convention split into 
two distinct bodies, and each one put forth a Presidential 
ticket, an error fatal to the prospects of the South. One 
wing of the party nominated John C. Breckinridge for 
President, and Joseph Lane for Vice-President, while the 
other nominated Stephen A. Douglass for President, and 
Herschel V. Johnson, of Georgia, for Vice-President. The 
Republican party, hitherto insignificant, met at Chicago 



160 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

and nominated Abraham Lincoln for President, with Hanni- 
bal Hamlin for Vice-President. 

In consequence of the division in the ranks of the opposi- 
tion, the Republican ticket was elected by immense majori- 
ties, the party springing from infancy to full life at a single 
bound. When the results of the election were ascertained, 
the feeling became general that war — civil war — was inevi- 
table. 

4. The annual message of Governor Pettus, issued soon 
after the Presidential election, failed to congratulate the 
country upon its prospects for prosperity and happiness. 
In his usual strong and convincing style, the Governor 
enumerated the grievances the South had been made to 
endure, and counseled a separation — peaceable, if possible — 
between the Northern and Southern States. " Can the 
lives, liberty, and prosperity of the people of the South," 
said he, "be entrusted to the keeping of that sectional 
majority which must hereafter administer the Federal Gov- 
ernment ? " 

On the 29th of November, i860, Mississippi called for a 
convention to be held on the 20th of December following. 
Delegates to that convention were elected by the different 
counties to a State Convention, to be held at Jackson, on 
the 7th of January, 1861, for the purpose of considering the 
existing relations between the State and Federal Govern- 
ments. 

5. On. the 29th of December, i860, South Carolina 
passed an ordinance of secession, dissolving her relations 
with the Federal Government, declaring that Congress had 
violated the Constitution, and that the principles of the 
Republican party were antagonistic to her rights as a sover- 
eign State. Commissioners were sent to Washington to 
adjust, if possible, the new relations between the two Gov- 
ernments. 

6. On the 7th of January, 1861, the memorable Secession 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 161 

Convention met in Jackson, and elected as President, 
William S. Barry, of Lowndes. A resolution was offered, 
by L. Q. C. Lamar, that a committee of fifteen be appointed 
to prepare and report, as soon as possible, an ordinance for 
the withdrawal of the State from the Union, with a view to 
the establishment of a new Confederacy, to be composed of 
the seceding States. 

7. The majority of the delegates to this convention were 
in favor of the resolution, though a respectable minority 
urged against precipitate action on the part of Mississippi, 
counseling forbearance and delay. James L. Alcorn, of 
Coahoma county, offered a modifying section to the ordi- 
nance of secession, but it was lost by a vote of seventy-four 
to twenty-five. Walter Brooke, of Warren county, also 
offered an amendment, submitting to the qualified electors 
of the State the ordinance for their ratification or rejection. 

As will readily be seen, the delegates for and against 
secession were among the ablest men the State afforded, 
and they recognized fully the grave responsibilities resting 
upon them in this crisis in the history of their State. 

8. On the 9th of January, 1861, the vote was taken, 
and it was found that a majority of the delegates — eighty- 
four to fifteen — were in favor of immediate secession. The 
ordinance of secession then passed, Mississippi being the 
second State to withdraw from the Union. The Constitution 
of 1832 was readopted by the Convention of 1861, with the 
addition of some important amendments. 

9. The news of the passage of the ordinance of secession 
created intense excitement and enthusiasm throughout the 
State, tending to solidify public opinion ; those who had 
doubted the propriety of the measure determining to abide 
by the expressed will of the majority. 

Enthusiastic ratification meetings were held all over the 
State, and the action of the convention indorsed and 
applauded. Had the ordinance, according to Mr. Brooke's 



162 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

resolution, been submitted to the vote of the people, the 
result would have been the same. The people were almost 
a unit in favor of secession. State and sectional pride 
swelled high, the people being convinced that if war ensued, 
it would be of short duration, directed against the might and 
power of a united South. 

10. On the 14th of January, 1861, soon after receiving 
news of the secession of their State, the Senators and 
Representatives from Mississippi resigned their seats in the 
Congress of the United States and returned home, where 
they were received with an enthusiastic welcome. Jacob 
Thompson, Secretary of the Interior, resigned his seat in 
the Cabinet on the same day that Mississippi seceded from 
the Union. 



QUESTIONS ON CHAPTER XXVII. 

Effect of the action of the Charleston Convention on the South? 
Organization of a new party? Its nominees on the Presidential ticket? 
What was the mission of this party? Members of the old Whig party? 
The Richmond Convention? The Baltimore Convention? What 
two tickets were put forth by this body? Consequence of this 
division ? Annual message of the Governor? Mississippi State Conven- 
tion ? When did South Carolina pass the Ordinance of Secession? 
Commissioners to Washington? Secession Convention in Jackson? 
Resolution offered by Mr. Lamar? The majority of the delegates to 
this Convention ? Minority? Amendments? Vote on the Ordinance 
of Secession ? When passed ? What Constitution was readopted ? 
How did the adoption of the Ordinance of Secession affect the masses 
of the people? Ratification meetings? When did the Senators and 
Representatives from Mississippi resign their seats in Congress? 
Jacob Thompson ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 163 



CHAPTER XXVIII. 

1861. 

1. The Secession Convention of Mississippi passed the 
following ordinance also : " The State of Mississippi hereby 
gives her consent to form a Federal Union with such of the 
States as may have seceded or may secede from the Union 
of the United States of America, upon the basis of the 
present Constitution of the United States." 

2. In order to ascertain the real sentiments of the differ- 
ent slave-holding States, commissioners were sent to repre- 
sent Mississippi before the Legislatures of the different 
Southern States. This commission represented the intellect 
and patriotism of the State, and was fruitful in securing 
prompt action on the part of the greater number of the 
States addressed. Hon. Henry Dickinson was sent as Com- 
missioner to Delaware, A. H. Handy to Maryland, Walter 
Brooke and Fulton Anderson to Virginia, Jacob Thompson 
to North Carolina, G. S. Gaines to Florida, W. L. Harris 
and T. W. White to Georgia, W. S. Featherstone to Ken- 
tucky, Thomas J. Wharton to Tennessee, Joseph W. Mat- 
thews to Alabama, Daniel Russell to Missouri, General R. 
Fall to Arkansas, Wirt Adams to Louisiana, H. H. Miller to 
Texas, and Charles E. Hooker to South Carolina. 

3. The States of Georgia, Florida, Louisiana and Alabama 
seceded from the Union in rapid succession, and a conven- 
tion of seceded States was appointed for February 4, 1861, 
at Montgomery, Alabama. On the 15th of January, 1861, 
in response to a call from Governor Pettus, the Legislature 
of Mississippi met in extraordinary session, for the purpose 
of securing concert of action and effecting purposes of 
defense. The State was called upon and responded nobly. 



164 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

The different counties at once began the formation of 
military organizations, and the State soon assumed the 
appearance of a vast military camp. Seven volunteer com- 
panies were sent from Mississippi to aid in taking possession 
of the forts and navy-yards at Pensacola by the States of 
Alabama and Florida. 

4. The State of Mississippi made a large appropriation to 
assist in carrying on the war, and wealthy private citizens 
in various portions of the State extended valuable pecuniary 
aid in equipping volunteers for service. Ex-Governor 
Albert G. Brown was conspicuous for his generosity in 
behalf of the State, and Jefferson Davis and Jacob Thomp- 
son guaranteed the payment in May or June, 1861, of a 
large sum for the purchase of arms. The different railroads 
in the State tendered free transportation of troops and 
munitions of war whenever the State should require it. 
Governor Pettus recommended the placing of all volunteers 
on the same footing in regard to receiving pecuniary aid 
from the State, also the appropriation of a sufficient sum to 
each company to defray all necessary expenses. 

5. Jefferson Davis was commissioned Major-General in 
the State army, and Earl Van Dorn, Charles Clarke, James 
L. Alcorn, and Christopher H. Mott, Brigadier-Generals. 
General Mott was afterward elected Colonel of the Nine- 
teenth Mississippi Regiment, and his position as Brigadier- 
General being vacant, General A. M. West, of Holly Springs, 
was appointed to fill the place. Richard G. Hinds was made 
Adjutant-General. The States which had withdrawn from 
the Union met in convention on the 4th of February, 1861, 
in Montgomery, Alabama. Georgia, Florida, Alabama, 
Mississippi, Louisiana, and South Carolina were represented 
in this convention. Howell Cobb, of Georgia, was elected 
President of this distinguished body, whose deliberations 
were characterized by great harmony. 

6. A new Government known as the " Confederate 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 1G5 

States of America" was organized, with Jefferson Davis, of 
Mississippi, at its head as President, and Alexander H. 
Stephens, of Georgia, as Vice-President. The inauguration 
of the officers of the Provisional Government took place 
on the 18th of February, 1861. The inauguration of Abra- 
ham Lincoln took place on the 4th of March, 1861. 

7. Commissioners were at once appointed by President 
Davis to proceed to Washington City for the purpose of 
negotiating with the Government of the United States, and 
bringing about, if possible, a peaceable adjustment of all 
existing difficulties. This able commission, composed of 
Crawford, of Georgia, Forsyth, of Alabama, and Rowan, of 
Louisiana, found, after their arrival in Washington, that all 
efforts to bring about amicable relations between the two 
Governments would be unavailing. The officers of the 
United States Government refused to receive the Con- 
federate Commissioners officially, and persistently ignored 
the Government which had delegated them. 

8. After the election of Mr. Davis to the Presidency of 
the Confederate States, General Earl Van Dorn, a graduate 
of West Point, and an officer of distinction in the war with 
Mexico, was appointed Major-General of the State troops. 
Soon afterward, however, General Van Dorn, who had been 
a Major in the United States army and preferred the regular 
service, requested to be transferred to the Confederate 
army. He was commissioned Colonel in the regular service, 
and ordered to take possession of the forts and arsenals in 
Texas, together with the ''Star of the West," a man-of-war 
lying off Galveston. 

9. General Charles Clarke, of Bolivar county, was then 
promoted to the office of Major-General, and William Barks- 
dale was commissioned Quartermaster-General on the 
same date. Like General Van Dorn, General Barksdale 
resigned his commission to join the Confederate service, and 
was made Colonel of the Thirteenth Mississippi Regiment. 



166 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

At an early date in 1861, the Confederate Government had 
secured possession of all the forts and arsenals within their 
limits, except Fort Sumter, belonging to South Carolina, and 
several smaller forts along the coast. The taking of Fort 
Sumter by the Confederate Commander, General Beaure- 
gard, on the 13th of April, 1861, raised the courage and 
enthusiasm of the Southern people to the highest pitch. 

10. Two days after the fall of Fort Sumter, President 
Lincoln called for seventy-five thousand troops for the 
defense of the Union. Delaware, Maryland, Virginia, North 
Carolina, Tennessee, Kentucky, Arkansas, and Missouri 
refused to send volunteers to fight against their brethren of 
the South, and Virginia, immediately after the call was made, 
withdrew from the Union. Arkansas, North Carolina, and 
Tennessee followed soon after, greatly encouraging and 
strengthening the Southern cause. 



QUESTIONS ON CHAPTER XXVIII. 

What ordinance did the Secession Convention of Mississippi pass 
relative to forming a Union with other seceding States? Commis- 
sioners sent from Mississippi to other slave-holding States? What 
other Southern States seceded in rapid succession? Why was an extra 
session of the Legislature called? What measures of defense were 
at once taken? Volunteer companies? Appropriations by the State 
and by private individuals? Railroads? Who received a commis- 
sion of Major-General in the State's forces ? Who were commissioned 
Brigadier-Generals? Convention of Southern delegates? Met when 
and where? What government was organized ? President and Vice- 
President of the Southern Confederacy? Commissioners to Wash- 
ington? How received? Who was made commander of the State 
troops in place of Jefferson Davis? Transfer of General Van Dorn 
to the Confederate Army? Who was made Major-General of State 
troops after Van Dorn's resignation? What of* General William 
Barksdale's commission? What of the taking of Fort Sumter by the 
Confederates? What of President Lincoln's call for troops? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 167 



CHAPTER XXIX. 

1861. 

1. The seat of the Confederate Government was trans- 
ferred, on the 21st of May, 1861, from Montgomery, Ala- 
bama, to Richmond, Virginia. The Confederate Congress, 
at its first meeting after its removal, called for volunteers, 
and passed an Act enlisting soldiers for the war. The South 
made an enthusiastic response to this call, Mississippi con- 
tributing the flower of her youth and manhood to swell the 
list of the Southern army. The volunteer companies, which 
had been organizing in every portion of the State, were 
anxious for active service, and eagerly pressed their claims 
to be allowed to advance "to the front." 

2. In November, 1861, Mississippi had in the service of 
the Confederacy twenty-two regiments and one battalion of 
infantry, one regiment and fourteen companies of cavalry, 
and eleven companies of artillery, amounting in the aggre- 
gate to about twenty-three thousand. When the number of 
" independent companies " is estimated, it will be seen that 
the whole number somewhat exceeded twenty-four thousand. 
Thirty companies which had enlisted "for the war," were 
at that time encamped in the State, the whole force exceed- 
ing thirty-five thousand. " This force," said Governor 
Pettus, in his annual message, " is larger than any State or 
nation of modern times has sent to war." 

3. On Sunday, July 21st, the great battle of Manassas, 
or Bull Run, was fought, resulting in a decisive victory for 
the Confederate troops. Generals Beauregard and J. E. 
Johnson commanded the Southern forces, and General 
McDowell the Northern, though many prominent officers 
were engaged on both sides. It was in this battle that Gen- 



168 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

eral Thomas J. Jackson received the famous appellation, 
"Stonewall," caused from the remark of General Bee, of 
Georgia, who was rallying his men to a desperate charge : 
"Look at General Jackson! He is standing like a stone 
wall! " 

4. A large number of arms, standards, and prisoners were 
captured in this battle, the result of which was to establish 
the Confederacy more strongly than ever in public confi- 
dence. The Confederates lost two thousand men, the Fed- 
erals three thousand. Many Mississippi troops were engaged 
in this sanguinary battle, bearing themselves, while exposed 
to the deadliest fire of the enemy, with unflinching courage. 

5. At the battle of Leesburg, Virginia, the gallant Colonel 
E. R. Burt, of Mississippi, fell, mortally wounded, while lead- 
ing his regiment to a desperate charge. On the 20th of 
November, 1861, Governor Pettus received telegrams from 
Governor Harris and General Pillow, of Tennessee, inform- 
ing him of a threatened attack on Columbus, Kentucky, and 
asking him for aid to assist in repelling the enemy. The 
request was at once responded to by Governor Pettus, 
re-enforcements of both men and arms being at once for- 
warded. 

6. The general election in Mississippi was now at hand, 
and the administration of Governor Pettus was endorsed by 
his renomination for the office. His firm, strong rule and 
his evident regard for the interests of all the people made 
him very popular, and he was re-elected by a large majority. 

Mississippi elected seven members to the first Confederate 
Congress. They were J. W. Clapp, Reuben Davis, Israel 
Welsh, H. C. Chambers, O. R. Singleton, Ethelbert Barks- 
dale, and John J. McRae. 

7. In his message of December 14, 1861, Governor Pettus 
advised the people against the accumulation of two crops of 
cotton, and the non-production of breadstuffs. The North 
had closed the markets of the South by her blockading 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. ]69 

squadrons, and the great agricultural staple of the country 
was lying useless on the lands where it was produced. To 
secure the State against the dangers of a possible famine, 
Governor Pettus recommended the planting of grains, fruits, 
and such other productions as could be relied on in a time 
of need. 

8. Forced to rely upon themselves, the people of Missis- 
sippi, notably the women, children, and aged or decrepit 
men, put forth almost superhuman efforts to sustain them- 
selves and the gallant defenders who were fighting so nobly 
"at the front" for home and country. First, the luxuries 
of life were abandoned one by one, and the struggle for the 
bare necessities of existence began. Had not our generous 
soil responded so freely to the efforts that were made for its 
cultivation, a still darker page might have been added to the 
volume in which our woes are written. No Spartan mother 
ever buckled sword and shield upon her son with more will- 
ing heart than the Southern mothers of 1 861-5 sent forth 
their sons to victory or defeat. In this connection should 
also be mentioned the fidelity with which the negro slaves 
of the South served their absent masters during the dark 
days of the Civil war. Left, in many instances, with the 
entire control of large plantations, and with the care of help- 
less women and children devolving entirely upon them, they 
nobly discharged the trusts committed to their care, and for 
four long and dreary years stood like a black wall of defense 
around the families of those who "wore the grey." All 
honor to the memory of the slaves of the olden times ! 

9. The Trustees of the University of Mississippi made 
their annual report in November of this year. This report 
showed that the spirit of patriotism had pervaded the entire 
institution, and to such an extent that nearly all the students 
had volunteered their services to the State. As early as 
January, 1861, when the prospect of hostilities was as yet 
remote, a military company, the "University Greys," had 



170 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

been organized among the students, had tendered their 
services to, and been accepted by, the Governor of Mis- 
sissippi. The regular exercises of the University, however, 
were carried on, uninterrupted by the drill, which took 
place during the intermission of class hours. During that 
exciting period, when stirring events followed each other in 
rapid succession, when the martial blood of the South was 
stirred to fever heat, the lectures and recitations proceeded, 
but their spirit was gone, and study, for the time, lost its 
power. 

10. "One student after another," says the chronicler of 
the report of those exciting days, " dropped away and 
enrolled himself among those about to march from his own 
neighborhood. In their turn, the 'University Greys' 
became entitled to marching orders, and on the first day of 
May, 1861, took up their line of march for Virginia, bearing a 
conspicuous part in the battle of Manassas, where they cov- 
ered themselves witli immortal glory. The graduating class 
requested that their time of examination be anticipated by 
several months. The loss of these two bodies of young 
men reduced their number to a mere handful, and these, 
within the next few days, followed their companions. The 
dissolution of the University was, therefore, rather spon- 
taneous. The Faculty, after the summer vacation was over, 
resumed operations, but only four students presented them- 
selves. The Faculty, therefore, resigned." 

11. In the conclusion of this report the Board of Trustees 
stated that as soon as possible they wished to reorganize, 
but this wish was destined to remain unfulfilled as long as 
the war lasted. The names of this Board of Trustees 
are nearly all historical, as the following list will show: 
Ex-Governor John J. McRae, Jacob Thompson, G. H. Long, 
J. W. Clapp, T. E. B. Pegues, James M. Howry, John J. 
Pettus, Wm. L. Sharkey, C. P. Smith, A. M. Clayton, and 
James Brain. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 171 

QUESTIONS ON CHAPTER XXIX. 

Where was the seat of the Confederate Government transferred 
from Montgomery? Call for volunteers ? Response? Give an esti- 
mate of the forces sent to the field by Mississippi in 1861. When was 
the first battle of Manassas fought? Commanders of the Southern 
forces? Incident which gave " Stonewall Jackson " his title? What 
were captured in this battle? Mississippi troops? Battle of Leesburg, 
Virginia? Death of Colonel Burt? General elections in Mississippi? 
Re-election of Governor Pettus? Confederate Congressmen from 
Mississippi? How were the markets of the South closed against the 
world ? What was recommended as a security against possible famine 
in Mississippi ? When forced to rely upon themselves, what efforts did 
the people of the State put forth ? What were abandoned one by one ? 
What do we owe to our generous soil? Fidelity of the negro slaves? 
Should it not be always remembered? Annual report of the University 
of Mississippi ? The " University Greys? " In what battle were they 
conspicuous for gallantry? The graduating class of 1861 ? Temporary 
suspension of University exercises ? Board of Trustees of that period? 




172 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXX. 

1862. 

1. The close of 1861 found the Confederacy strong in 
faith and hope, confident of ultimate victory. General 
George B. McClellan, a very able military leader, was 
placed in command of the Northern army of the Potomac 
after the battle of Manassas, and, with his army of one 
hundred and fifty thousand men, stood fronting the Confed- 
erates, one hundred thousand strong. 

2. The troops of no State exhibited a loftier patriotism or 
displayed more splendid gallantry on the field than did those 
of Mississippi. All occupations and professions, all grades 
of society laid aside private interests for the public welfare, 
and mustering from every city, hamlet and community, 
offered their lives and property in defense of their country's 
rights. Even the negroes, though conscious that the tri- 
umph of the South meant perpetual bondage to them, showed 
a devotion to the interests of their masters that stands 
unparalled in the history of races. 

3. In the autumn of 1861, Van Dorn, who, after his trans- 
fer to the West, was promoted to the rank of Brigadier- 
General, was ordered to report to General Beauregard, in 
Virginia. In February, 1862, he was ordered to take com- 
mand of the trans-Mississippi department, and on the 7th 
and 8th of March following fought the battle of Pea Ridge, 
in which the enemy was driven from the field of battle, 
with a loss in killed and wounded of over two thousand, and 
two hundred prisoners. Soon after the battle of Pea Ridge, 
General Beauregard, who at this time was concentrating his 
forces at Corinth, Mississippi, called for the assistance of 
General Van Dorn, who was then transferred to Mississippi, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 178 

where he encountered and defeated General Pope, of the 
Federal Army. 

Ex-Senator L. Q. C. Lamar, who had resigned his seat 
in Congress to take his place in the Secession Convention 
of Mississippi, entered the Confederate service as Lieuten- 
ant-Colonel of the Nineteenth Regiment of Mississippi 
Volunteers, and was soon promoted to be its Colonel. 

4. The first great reverses to the Confederate side during 
the war were the capture of Forts Henry and Donelson, on 
the Tennessee river, by the Federals, under General U. S. 
Grant, who was then just coming into notice as a great 
military leader. Fort Henry was taken on the 6th of 
February, 1862, and on the 13th of the same month, the 
combined land and river forces of the enemy appeared 
before Fort Donelson, which was commanded by Brigadier- 
General John B. Floyd, formerly Secretary of War under 
President Buchanan. He was assisted by Generals Pillow 
and Buckner, of the Confederate service. The brave cav- 
alryman, General Bedford Forrest, whose command was 
composed chiefly of Tennesseeans and Mississippians, was 
also engaged in this battle. There were present six regiments 
of Mississippi troops, who fought with characteristic valor. 

5. The first day's battle resulted favorably to the Confed- 
erates, the enemy being repeatedly repulsed with heavy 
loss. The entire Confederate force amounted to only 
eighteen thousand, and as the resources of the enemy were 
unlimited, the fort, after a stubborn resistance of repeated 
attacks by land and water, was compelled to surrender. 
The fort was surrendered on the 15th of February, 1862, 
after heavy losses on both sides. General N. B. Forrest 
refused to be included in the surrender, but cut his way 
out at the head of his command and joined General John- 
ston at Nashville. 

6. General Johnston evacuated Nashville in February, 
1862, and made a junction with Beauregard at Corinth, a 



174 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

place on the line of the Memphis & Charleston Railroad, in 
the north-eastern portion of Mississippi. Their combined 
forces amounted to about fifty thousand men. 

It became evident, after the battle of Fort Donelson, that 
Grant was feeling for the heart of the Confederacy. On 
the ioth of March, 1862, with a formidable fleet of gun- 
boats, accompanied by transports carrying troops, he began 
the ascent of the Tennessee and reached Pittsburg Landing, 
in the vicinity of Corinth, on the 18th of the same month. 
On the 6th of April, Johnston attacked Grant, hoping to 
accomplish his defeat before the arrival of Buell, who was 
known to be marching by rapid stages from Nashville with 
heavy re-enforcements. 

7. The battle raged furiously throughout the entire day, 
Johnston and Beauregard driving the enemy to the shelter 
of his gunboats, capturing his encampment, and gaining 
possession of vast quantities of military stores, arms, ammu- 
nition, etc. Just at the moment when victory to the Con- 
federates seemed assured, General Albert Sidney Johnston 
was killed. This sad event, it is believed, changed entirely 
the issue of the battle of Shiloh, and, as some contend, 
decided adversely the fate of the Southern Confederacy. 
In the confusion incident to the death of the commanding 
general, and the assumption of his place by General Beaure- 
gard, the plan of battle was changed. Buell's re-enforcements 
arrived, and Grant had time to reorganize his scattered and 
defeated forces. Night closed the day which had witnessed 
the most terrific battle of the war, and the Southern forces 
rested upon their arms, confident of victory on the morrow. 

8. The combined armies of Grant and Buell amounted to 
nearly eighty thousand men, nearly twice as many as the 
Confederates numbered. Early on the morning of the 7th, 
the battle was resumed, the enemy advancing to the attack 
in such overwhelming numbers that the Confederates, after 
fighting with their usual bravery, were compelled to retreat. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 176 

9. The Confederate loss in this battle amounted to seven- 
teen hundred and twenty-eight killed, and eight thousand 
wounded ; the killed, wounded and missing of Grant's army 
numbering about eleven thousand two hundred. Many 
Mississippi troops were engaged in this battle. They fought 
as brave men always fight in defense of their own soil, and 
their losses in dead and wounded were appalling. Many 
promotions were made after this battle for acts of personal 
bravery. General Beauregard's force amounted to less 
than fifty thousand men, and without risking a battle he 
concluded to evacuate Corinth, retreating to Tupelo on the 
29th of May. On the 30th, Corinth was invested by the 
Federals, under Halleck, Pope, and Sherman. General 
Beauregard soon afterward resigned his command, which 
was transferred to General Bragg. 

10. On the 1 2th of May, Natchez, which had been occu- 
pied by a small (Confederate force, surrendered to the 
Federals, who, however, soon abandoned it. General Van 
Dorn, who, previous to the battle of Shiloh, had been in 
command of the Army of the West, was in May, 1862, 
transferred to Mississippi and assigned to the defense of 
Vicksburg. Soon after, two fleets of Federal gunboats, one 
from above and one from below, met at Vicksburg, which 
had been strongly fortified, and commenced bombarding the 
town. This was kept up for some time, but without definite 
results. The place was defended by quite a large force of 
Confederate troops. On the 4th of July, 1862, the Federal 
officers commanding the fleets made a concerted attack upon 
the fortifications, bombarding them heavily for about two 
hours. The attack was repulsed without serious loss to 
either side. 

1 1 . About this time the ram ' ' Arkansas, ' ' under command 
of Captain I. N. Brown, produced great consternation in the 
Federal fleet above Vicksburg. Entering the Mississippi 
from the Yazoo, Captain Brown proceeded into the midst of 



176 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

the enemy's fleet and succeeded in dispersing it, disabling 
one of the largest vessels and striking terror to the hearts 
of the crews of the remainder. Captain Brown had for- 
merly belonged to the United States navy, and his great 
knowledge of nautical affairs, together with his skill and 
bravery as a commander, enabled him to render efficient 
service to the Confederate Government. On July 22, 1862, 
the Federals abandoned the siege of Vicksburg entirely. 

12. Early in September, 1862, General Price, with a large 
force of Confederate troops, occupied Iuka. On the 19th of 
September, the Federal forces, under Generals Rosecrans 
and Ord, advanced to capture the town, and a severe and 
bloody fight ensued. Both sides lost heavily in killed and 
wounded. During the following night the Confederates 
evacuated the town. 

QUESTIONS ON CHAPTER XXX. 

How did the close of the year 1861 find the Southern Confederacy? 
Who was placed in command of the Northern army on the Potomac? 
Gallantry and patriotism of Mississippi troops ? Of all ranks of the 
people? General Van Dorn ? Battle of Pea Ridge? Colonel Lamar? 
First great reverses to the Confederate army? Who was just coming 
into notice as a great military leader? When was Fort Henry taken? 
Tell of the capture of Fort Donelson. Difference in numbers of the 
opposing forces? Action of General Forrest and his men ? What of 
the union of the forces of Johnston and Beauregard ? Number when 
combined? Grant's aim after the battle of Fort Donelson? When 
did he reach Pittsburg Landing? Johnston's attack on Grant? Battle 
of Shiloh? Death of Albert Sidney Johnston? Change of com- 
manders and consequent change of action ? Arrival of Buell? What 
were the combined numbers of Grant and Buell ? Their advance to 
the attack and retreat of Confederate forces? Confederate losses in 
this battle? Gallantry of Mississippi troops ? Losses and promotions ? 
Evacuation of Corinth by General Beauregard and its investment by 
Federals? Resignation of Beauregard? Surrender of Natchez to the 
Federals? Who was assigned to the defense of Vicksburg? Bombard- 
ment of Vicksburg by the Federals? Their repulse? What of the 
ram " Arkansas" and its commander? Battle of Iuka? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT 177 



CHAPTER XXXI. 

i. Soon after taking command of the army in Mississippi, 
General Bragg left Tupelo and advanced to Chattanooga, 
Tennessee. General Rosecrans had command of the Fed- 
eral forces in North Mississippi and West Tennessee, and 
Generals Van Dorn and Price of the Confederates. After 
its occupation by Rosecrans, Corinth had been very strongly 
fortified, and was one of the main positions of the enemy in 
that section of the country. The importance of capturing 
this stronghold was apparent, and on the 3d of October, 
1862, the combined forces of Van Dorn and Price attacked 
Corinth, hoping to surprise and capture it before the Federal 
commander could be re-enforced from other points. They 
were repulsed with great loss, two thousand men, in killed 
and wounded, being left in the hands of the enemy. 

2. Van Dorn retreated to Ripley, and there made a stand 
against the enemy. On the 15th of December he attacked 
Holly Springs with a force of two thousand men, capturing 
the garrison and destroying Grant's supply depot, contain- 
ing three months' stores for sixty thousand men. Grant's 
preparations for a move against Vicksburg from this point 
were checked by this bold stroke ; he was forced to abandon 
the campaign and make a hasty retreat. Van Dorn's 
reputation as a brilliant cavalry leader, which had suffered 
somewhat by his unsuccessful attack upon Corinth, was 
re-established by his victory at Holly Springs and his sub- 
sequent operations against the enemy. 

3. The suffering this year, occasioned by the war, was 
not confined to the soldiers in the field. When the Legisla- 
ture of Mississippi met in December, 1862, Governor Pettus 
called attention to the claims which the families of soldiers 

JO 



178 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

held upon the State. Some of them, owing to a severe 
drought the past season, which had extended over a large 
portion of the State, were in need of the necessaries of life, 
and he recommended that the most liberal provisions be 
made by the Legislature for their relief. The most pressing 
want of the people at that time was a supply of salt, the 
rigorous blockade of the North having stopped its importa- 
tion into the State from the usual sources. The Governor 
sent agents to Virginia, Alabama, and Louisiana, hoping, if 
possible, to secure a supply of salt for the people of Missis- 
sippi, either by purchase or mining. In one instance only, 
that of the agent sent to New Iberia, Louisiana, did this mis- 
sion prove a success. 

4. So great was the scarcity of salt in Mississippi at this 
period that, in some instances, people were driven to the 
necessity of digging up the dirt floors of their smoke-houses 
and extracting therefrom the salt which had accumulated for 
years from the drippings of meat during the process of its 
transformation into bacon. Coffee, after the first year of 
the war, was an unknown article in Mississippi, and many 
and amusing were the devices which were practiced by care- 
ful housewives in providing a substitute for the gentle stim- 
ulant. Wheat, oats, rye, Indian corn, sweet and Irish 
potatoes, all dried thoroughly and parched after the manner 
of coffee, first served their day ; while later, okra, burnt 
molasses and other articles seemingly as incongruous, were 
cheerfully used by rich and poor alike. No sacrifice that 
could be made for the beloved " Confederacy " was too 
great for the women of Mississippi. The clothing [worn by 
themselves and families at home, as well as that of the 
soldiers in the army, was spun and woven from the raw cot- 
ton raised on the farm, and while no factory smoke ascended 
from the Southern plains to compete with the manufacturing 
interests of the world, from many an humble cot and many 
a lordly mansion was heard the whir of the spinning-wheel 






HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 179 

and the clatter of the shuttle, as the garments of grey were 
lovingly fashioned. 

5. A considerable quantity of salt, stored by the State 
government at Vicksburg, was distributed to the destitute 
families of soldiers, and transportation furnished for this and 
other necessary supplies. That venerable statesman, 
George Poindexter, was a member of the Legislature which 
adopted these patriotic measures. A State armory was in 
operation at Brandon at this time, which, with the limited 
means then in our possession for constructing and repairing 
arms, was rendering the State efficient service. 

6. Mississippi had, at this period, forty-six regiments of 
infantry in the Confederate service, besides the cavalry and 
artillery and the unattached battalions and companies which 
were organized by, and reported directly to, the Confederate 
authorities at Richmond, leaving no record of their existence 
or strength with the State government. During the fall and 
winter of 1862, large quantities of cotton were burned in 
Mississippi, by order of the military authorities of the Con- 
federacy, to prevent its falling into the hands of the enemy. 

On the 1st of January, 1863, President Lincoln issued his 
celebrated "Emancipation Proclamation," liberating all the 
slaves in the Southern States, though it had no practical 
effect whatever for the time, the negroes remaining content- 
edly with their masters until after the surrender at Appo- 
mattox. Many feared, when this proclamation was issued, 
that the horrors of insurrection might be added to the already 
existing troubles, but in no instance was this so, and no por- 
tion of the population of Mississippi was more peaceable and 
law-abiding than the negroes, who formed such a large 
majority of the inhabitants of the State. 

7. On the 24th of January, 1863, a fleet bearing the com- 
bined forces of Grant and Sherman appeared before Vicks- 
burg. In December previous, Sherman had tried to reach 
the city by the line of the Yazoo, "River of Death," but 



180 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

had failed disastrously. General Pemberton was at this 
time in command of the department of Mississippi, Van Dorn 
having been transferred with his cavalry to Tennessee. 
Grant's first attempt to take Vicksburg was by means of a 
canal cut across the peninsula opposite to Vicksburg, hoping 
by this means to get a channel for his vessels to pass the 
city. This attempt was foiled by the nature of the soil, the 
channel refilling with dirt and sand as fast as it was dugout. 
Early in April work on the canal was stopped, and a new 
plan adopted. On the night of the 16th of April a fleet of 
Federal gunboats succeeded in passing the Confederate bat- 
teries, and united with the land forces thirty miles below the 
city. In the passage of the Confederate batteries, several 
of the enemy's vessels were sunk or destroyed. 

8. On the 29th of April the enemy's fleet, under Admiral 
Porter, made an attack upon Grand Gulf, but, finding the 
place too strong for them, retired. The fleet, with transports 
containing troops, succeeded, however, in passing the Confed- 
erate batteries, Grant landing his army on the Louisiana 
side and ferrying them across to the Mississippi at a point 
just below the mouth of Bayou Pierre. "^ As fast as they 
were landed they were moved out toward Port Gibson. On 
the 1st of May their advance was checked at Bayou Pierre 
by General Bowen, a Confederate commander, whose force 
of little more than five thousand men engaged about twenty 
thousand of the enemy. 

9. Although the Confederates fought gallantly, the 
superior numbers of the enemy told against them, and they 
were compelled to retire to Grand Gulf, Port Gibson falling 
into the hands of the enemy, who took possession on the 2d 
of May. Grand Gulf was evacuated by the Confederates on 
the same day, General Bowen marching to Hankinson's 
Ferry, on the Big Black, where he was joined by Loring's 
division, sent from Jackson by General Pemberton, whose 
headquarters were at Edward's Depot. Grant now com- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 181 

menced his march through the country toward Vicksburg, 
his army having been re-enforced by the forces under Sher- 
man. For several days the Federals were occupied in getting 
in position on the Vicksburg & Jackson Railroad, so as to 
strike Vicksburg from the rear. On the 12th, the Fifteenth 
and Seventeenth corps of Sherman's command, while march- 
ing on Jackson, encountered a single brigade of Confed- 
erates, under General Gregg, at Raymond, a small town in 
Mississippi near the capital. After a gallant resistance, the 
Confederates were forced to retreat. 

10. On the 13th of May, General Joseph E. Johnston 
arrived at Jackson and assumed command. The ertemy by 
this time was moving rapidly upon Jackson, having cut off 
communication between that place and Pemberton's army. 
General Johnston evacuated Jackson on the 14th, having no 
adequate force for its protection. The archives and public prop- 
erty of the State were removed from Jackson to Enterprise, 
where the seat of government was temporarily established. 

11. Jackson was occupied May 14th by Sherman's and 
McPherson's corps. Their first act was to destroy the peni- 
tentiary building, which the State had erected at great cost, 
and which, at the time of its destruction, was yielding a 
handsome revenue, the net profit to the State for the last 
year of its existence being sixty-five thousand dollars. The 
State armory had been removed to Meridian previous to the 
evacuation of Jackson, temporary buildings having been 
erected for the reception of the machinery and ordnance 
stores on hand. The State institutions for the deaf and 
dumb and for the blind were broken up. 

12. While these events were transpiring in the country 
around Vicksburg and Jackson, Mississippi was traversed 
from north to south by a force of Federal cavalry under the 
infamous Colonel Grierson. The chief object of this raid 
seemed to be the pillage of the defenseless homes of women 
and children. Marauding parties from the main command 



182 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

overran the greater portion of the State, destroying public 
and private property to an incredible extent. It was Sher- 
man's " March to the Sea " enacted on a smaller scale. As 
the cavalry force of this department under General Van 
Dorn had been ordered, early in the year, to Tennessee to 
re-enforce General Bragg, no adequate resistance could be 
offered these ruthless invaders. 

13. On the 16th, while Johnston and Pemberton were 
endeavoring to unite their forces, they were attacked by 
Grant and the battle of Baker's creek fought. This was 
considered by Grant to be the hardest-fought battle of tht 
entire campaign. Eighteen Confederate guns and over two 
thousand men were captured by the Federals. The field 
was lost, the Confederates retreating across Baker's creek, 
guarded by Loring's division, to where General Bowen was 
stationed on the Big Black river. Loring then joined J. E. 
Johnston. The battle was renewed the next day at Big 
Black river, with no better success to the Confederates, who 
lost heavily in artillery and men. The way now being open 
to Vicksburg, Grant appeared before that city on the 18th of 
May, and the " Great Siege," which was to make Vicksburg 
famous in the annals of nations, was begun. 

14. Pemberton had retreated into the entrenchments at 
Vicksburg, and dispatched to General Johnston, "I have 
determined to hold the city as long as possible. I still think 
it the most important point in the Confederacy." On the 
23d of May, the Federals laid siege to Port Hudson, situated 
on the Mississippi river, not far above Baton Rouge, Louisi- 
ana. It was defended by a garrison of about six thousand 
men commanded by General Gardner. 

15. The siege of Vicksburg presents to the reader one of 
the most heroic pages of any age or time. The city is built 
on hills and presented a fair mark for the enemy's artillery. 
To the westward ran the great river discovered by De Soto, 
now covered with the gunboats of a haughty enemy. To 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 183 

protect themselves from the flying shot and shell, the heroic 
inhabitants who disdained to leave their city were forced to 
dig caves in the sides of the hills, carrying on there the 
ordinary duties of life. Not only the garrison, but the 
inhabitants of Vicksburg, sustained the trials of the siege 
with the most enduring fortitude. No murmur of complaint 
was heard from the heroic little band of soldiers enclosed 
within the hot and stifling entrenchments, living on less than 
half rations, in danger every minute of the day or night 
from the explosions of the enemy's shot and shell. Yet, 
amidst all these dangers, they held out bravely against 
Grant's force of sixty-thousand until starvation or sur- 
render were their only alternatives. 

16. Vicksburg was surrendered on the 4th of July, 1863, 
and the " Great Siege " was over. The causes which led to 
a surrender are given by General Pemberton, as follows: 
"It must be remembered that, for forty-seven days and 
nights, those heroic men had been exposed to burning suns, 
drenching rains, damp fogs and heavy dews, and that, dur- 
ing all this period, they never had, by day or night, the 
slightest relief. The extent of our works required every 
available man in the trenches, and even then they were in 
many places insufficiently defended. It was not in my 
power to relieve any portion of the line for a single hour. 
Confined to the narrow limits of trenches, with their limbs 
cramped and swollen, v/ithout exercise, constantly exposed 
to a murderous storm of shot and shell, is it strange that the 
men grew weak and attenuated ? * They held the 

place against an enemy five times their number, admirably 
clothed and fed, and abundantly supplied with all the appli- 
ances of war. Whenever the foe attempted an assault they 
drove him back discomfited, covering the ground with his 
killed and wounded, and had already torn from his grasp 
five stands of colors, as trophies of their prowess, none of 
which were allowed to fall again into his hands." 



181 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

17. The garrison at Port Hudson held out bravely until 
the fall of Vicksburg rendered further resistance useless. 
The Mississippi river was now in undisputed possession of 
the enemy. The fall of Vicksburg was a death-blow to the 
hopes of the people of Mississippi. From that day they 
considered it as only a question of time when the entire 
Confederacy would succumb to the superior strength of the 
Union forces. About this time, also, the disastrous results of 
the battle of Gettysburg, Pennsylvania, threw a gloom over 
the entire South. This battle began on the 1st of July, 
1863, and continued for more than three days. General 
Lee, who had won so many glorious victories in Virginia, 
thought to strike a decisive blow by marching his army into 
the heart of the enemy's country. General Meade, who had 
lately been placed in command of the Union forces, met him 
at Gettysburg. The Confederates, though successful at 
first, were at last defeated, after fighting with their usual 
valor. Pickett's last charge up the heights of Gettysburg 
will in future be spoken of in the same connection with the 
last stand made by Leonidas and his deathless Three Hun- 
dred. After the battle of Gettysburg, General Lee moved 
his army into Virginia and took position on the south side of 
the Rapidan river. The Union army followed up to the 
north side of the river, but no engagement followed. Noth- 
ing of importance took place between the two armies during 
the remainder of the year. 

18. It was in this battle that the gallant General William 
Barksdale fell mortally wounded,- in the forefront of the 
battle and while leading his brave Mississippians to a des- 
perate charge. As no family in the State has a more illus- 
trious record than the one of which he was a member, it is 
well to give a brief outline-sketch of the valor and patriot- 
ism with which they served their country. 

William Barksdale, a farmer of Rutherford county, Ten- 
nessee, who came in his early manhood from Virginia, had 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 185 

four sons, born in the order named : Harrison, Fountain, 
William, and Ethelbert. Their parents dying before any of 
them came to majority, they all settled in Mississippi in 
early life. The second son, Fountain, devoted himself 
exclusively to private pursuits, and as a Christian gentle- 
man and enterprising, public-spirited citizen, had no supe- 
rior in the State. Harrison Barksdale, the eldest, began life 
as a planter in Yazoo county. He was a member of the 
Legislature for several terms prior to the war. When the 
war began he enlisted as a private, but was promoted to the 
office of First Lieutenant of his company and was serving in 
that position when on the march from Corinth, in 1862, he 
contracted the disease from which he died in camp at 
Tupelo, Mississippi. His two sons, Lycurgus and Foun- 
tain, also gave up their young lives as an offering upon their 
country's bloody altars. The first died from sickness in 
camp, the other was shot through the heart at the battle of 
the Wilderness. 

19. William Barksdale was a lawyer and planter at the 
outbreak of the war. He served as captain during the 
Mexican war, and when Mississippi passed her Ordinance of 
Secession he was serving his third term in her legislative 
halls. He resigned his seat to accept the commission of 
Quartermaster-General of the State troops, but soon after- 
ward resigned and united with the Thirteenth Mississippi 
regiment, of which he became colonel. He led that famous 
regiment of fighters in all the battles in which it participated 
in Northern Virginia and Maryland. On the death of Gen- 
eral Richard Griffith, he was made a Brigadier-General. A 
distinguished part of General Barksdale's career was his 
service as commander of the post of Fredericksburg, Vir- 
ginia, and the pictorial journals of the day teemed with 
illustrations of the achievements of "Barksdale and his 
Mississippians," in holding a desperate position for such a 
long period against heavy odds. As has been stated, he fell, 



186 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

mortally wounded, at the battle of Gettysburg, and the spot 
where "Barksdale fell," amidst the thickest of the fray, is 
of national fame. President Davis paid a tribute to the 
gallantry of Barksdale and his men in a telegram communi- 
cating the sad news of his death: "He fell a hero at the 
head of a brigade of heroes." His trusty sword was taken 
from his body by the Federals, who occupied the ground on 
which he fell, and was deposited in the War Department at 
Washington. It was subsequently recovered and deposited 
in the Mississippi State Library for safe-keeping, by order of 
the Legislature. 

20. Ethelbert Barksdale, the remaining member of this 
illustrious family, was elected a member of the Confederate 
Congress, and served in that body from the establishment 
to the fall of the Southern Confederacy. He was known to 
possess, to a larger degree than any other member of that 
body, the friendship and confidence of President Davis. It 
was on his motion that the bill to repeal what was known as 
the "Twenty-Negro" clause of the Exemption Act was 
passed. At the instance of General Lee and President 
Davis he introduced the famous bill authorizing the employ- 
ment of negro troops in the Confederate army, conditioned 
upon the consent of the owner and the sanction of the State 
in which they lived. This bill was signed by President 
Davis, and enlistments of negro troops were in] progress 
when the war closed. The experiment might have been 
successful at an earlier date. After the Reconstruction 
Period,' Major Barksdale served as presidential elector on the 
Democratic ticket in 1876, and also as a member of the 
Forty-eighth and Forty-ninth Congresses. 



QUESTIONS ON CHAPTER XXXI. 

Movements of Bragg and Rosecrans in Mississippi and Tennessee? 
Attack on Corinth by Van Dorn and Price? Defeat and loss? Dash- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 187 

ing attack of Van Dorn upon Holly Springs? How did it affect Grant's 
advance upon Vicksburg? Sufferings occasioned by the war? Claims 
of the soldiers' families? The most pressing want of a blockaded 
people? Measures taken to procure this necessity of life? Scarcity of 
coffee ? Substitutes for the same ? Sacrifices made by the women of 
the State? " Homespun " clothing? Measures taken by the Legisla- 
ture to relieve the destitute? Mississippi forces in the field ? Burning 
of cotton by Confederate authorities? Issuing of the " Emancipation 
Proclamation?" Did it have any visible effect upon the masses of 
the negroes? When did Grant and Sherman appear before Vicksburg? 
How had Sherman previously tried to reach the city ? Grant's first 
attempt to capture it ? Its failure ? When did the Federal forces above 
and below the city unite? Attack upon Grand Gulf? Passage of the 
batteries and landing of Grant's army on the Louisiana side? How 
was their advance checked for a time? Gallant fight of Bowen and 
his Confederates? When did Port Gibson fall? Grand Gulf? Junc- 
tion of Bowen and Loring on the Big Black? Advance of Grant's 
army on Vicksburg? Re-enforced by Sherman ? When did General 
Joseph E. Johnston arrive at Jackson, Mississippi ? Advance of the 
enemy upon that place? Its evacuation? Removal of the archives 
and public property ? When did the Federals enter the capital of the 
State ? Their first act of vandalism ? Breaking up of institutes for 
deaf mutes and for the blind? Grierson's raid through Mississippi? 
When was the battle of Baker's creek fought? Grant's estimate of 
this battle? Confederate retreat and loss? Where was the battle 
renewed the next day, and with what success ? When did the " Great 
Siege " of Vicksburg begin ? Situation of Pemberton and his forces? 
His dispatch to General Johnston? Siege and defense of Port Hudson? 
Details of the siege of Vicksburg ? Fortitude of the heroic defenders 
and people of the city? What finally were the only alternatives? 
When did Vicksburg surrender ? Give the causes of same in General 
Pemberton's own language. Fall of Port Hudson? Who now held 
undisputed possession of the Mississippi river? Effect of the fall of 
Vicksburg on the people of the State? What great battle began in 
Pennsylvania on the ist of July, 1863? Commanders on the Con- 
federate and Union sides? Pickett's last charge up the heights? 
Lee's movements after his defeat at Gettysburg ? Movements of the 
enemy? Fall of General William Barksdale? Sketch of his family? 
Fountain Barksdale? Harrison? His two sons? Outline-sketch of 
the heroic life and death of General Barksdale ? In what capacity has 
Major Ethelbert Barksdale served his State ? 



188 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXXII. 

1863. 

1. After the surrender of Vicksburg, General Johnston 
fell back to Jackson, his army reaching that place on the 
7th of July, 1863. He was followed by a portion of the 
Federal army under Sherman, who laid siege to the capital, 
directing a heavy bombardment against the main portion of 
the city. 

Although Jackson was poorly fortified and unprepared for 
the attack, the firing was returned in a spirited manner, and 
assaulting parties were frequently repulsed. On the 16th 
of July, General Johnston evacuated the city, the Federals 
following him as far as Brandon, but no further. 

2. The general elections in Mississippi were held in the 
autumn of 1863. There were three candidates for the 
Governor's office, Generals Charles Clarke, A. M. West, 
and Reuben Davis. General Clarke was elected, receiving 
a large majority of the popular vote. He was of German 
extraction, and was born in Cincinnati, Ohio, in 181 1. He 
was educated in Kentucky, and removed to Mississippi for 
the purpose of engaging in school-teaching. Having studied 
law, he was admitted to the bar when quite young, com- 
mencing his professional career in Fayette, Jefferson county. 
He was frequently chosen to represent Jefferson and Bolivar 
counties in the Legislature, where he served with distin- 
guished ability and fidelity. 

During the war with Mexico, he became, by the resigna- 
tion of Reuben Davis, Colonel of the Second Mississippi 
Regiment, where he won the respect and confidence of all 
with whom he came in contact. His regiment was com- 
posed of some of the best material the State afforded, but 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 189 

much to their regret they reached the scene of action too 
late to be of material service. 

3. At the beginning of hostilities, soon after the secession 
of Mississippi, Colonel Clarke received the commission of 
Brigadier-General, and was afterward promoted to the rank 
of Major-General . l!e served for several months in Virginia, 
and was then ordered to report to General Albert Sidney 
Johnston, in Kentucky. At Shiloh he commanded the first 
division of General Polk's corps. In a charge against 
Logan's division, he was desperately wounded, after win- 
ning the admiration of the whole army. 

4. At Baton Rouge, General Clarke again commanded a 
division under General Breckinridge, and, while driving the 
enemy before him, was again wounded, having his right 
thigh horribly fractured. At his own request he was left on 
the field, and was subsequently sent to New Orleans, where 
he received the best medical attention. His life was saved, 
but he was forever unfitted for service on the field. 

General Clarke was exchanged in 1863, not long before 
his almost unanimous election to the office of Governor. He 
served the State with great ability, his military skill and 
judgment averting from the State many of the evils of war. 

5. Owing to the exposed condition of the capital, the 
Legislature met in November, 1863, in the city of Columbus, 
the seat of government being temporarily removed from 
Macon for that purpose. Governor Clarke was inaugurated 
on the 16th of November, 1863. He was escorted to the 
hall, where the two houses of the Legislature had met, by a 
detachment of Confederate troops commanded by Colonel 
W. S. Barry. After the oath of office was administered, 
Governor Clarke delivered his inaugural address, in which 
occurs the following passage : 

" We have not lightly entered upon the path we are pursuing, and, 
conscious of the rectitude of our intentions and the justice of our cause, 
we have neither motive nor desire to retrace our steps. There may be 



190 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

those who delude themselves with visions of a reconstructed Union 
and a restored Constitution. If such there be, let them awake from 
their dreaming ! Between the South and the North there is a great gulf 
fixed. It is a gulf crimsoned with the blood of our sons and brothers, 
filled with the bitter hatred of our enemies and the memories of our 
wrongs. It can be passed only with dishonor, and in reconstruction 
we shall reach the climax of infamy ! Humbly submit yourselves to 
our hated foes and they will offer you a reconstructed Constitution 
providing for the confiscation of your property, the immediate emanci- 
pation of your slaves, and the elevation of the black race to a position 
of equality, aye, of superiority, that will make them your masters and 
rulers. Rather than base submission, ruin, and dishonor, let the last 
of our young men die upon the field of battle, and when none are left 
to wield a blade or uphold our banner, then let our old men, our women, 
and our children, like the remnant of the heroic Pascagoulas, when 
their braves were slain, join hands together, march into the sea, and 
perish beneath its waters." 

6. At this session of the Legislature, Hon. J. W. C. Wat- 
son was elected Confederate States Senator to succeed Hon. 
James Phelan, whose term of office had expired. Hon. J. 
A. Orr, W. D. Holder, H. C. Chambers, O. R. Singleton, 
E. Barksdale, and J. T. Laniken were elected to the Con- 
federate Congress from the State at large. 

7. The militia laws of the State had, up to this time, 
proved very defective, though both the cavalry and infantry 
of this branch of the service had rendered important aid to 
the State, the former in giving security to and guarding the 
property of the citizens from marauding bands of the 
enemy, the latter in guarding important depots of public 
supplies along the line of the different railroads, relieving 
the Confederate troops of that duty. A large portion of the 
press and people were opposed to the enforcement of the 
militia law, believing in the ability of the Confederate troops 
to guard the State from invasion ; but after the occupation 
of the capital and other places in the State, which several 
thousand additional troops could have prevented, the subject 
of a thorough reorganization of the militia was considered. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



191 



8. The last message of Governor Pettus recommended 
the extension of the militia law so as to include and make 
subject to military duty every free white male person, 
either a citizen or a temporary resident, between the ages of 
sixteen and sixty "ears, and Governor Clarke, immediately 




STEPHEN D. LEE. 



after assuming the duties of his office, began making prep- 
arations for a stringent and effective enforcement of the 
militia law. At the close of 1863, there were three regi- 
ments, three battalions, and ten unattached companies of 
State troops in the field, A regiment of unattached com- 
panies was being organized by Brigadier-General J. Z. 
George. 

9. At this stage of the war, when the Confederate arms 
were meeting with reverses on every side, much discontent 
was manifested in various quarters with the administration 
of President Davis. On the 23d of November, 1863, the 



192 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Legislature of Mississippi adopted the following resolu- 
tion: 

"Resolved, That Jefferson Davis, President of the Confederate States 
of America, continues to possess our confidence in his ability to manage 
the helm of State, in his patriotism and devotion to the cause of 
Southern liberty and independence, and his integrity to the principles 
which severed our connection with the North, and which form the 
imperishable base of this revolution and Confederate Government ; 
notwithstanding the misfortunes of war have given over to the 
ravages of a ruthless foe some of the best and fairest portions of our 
devoted Mississippi ; notwithstanding our friends and brethren have 
been plundered of their property and driven from their homes, and our 
wives, mothers, sisters, and children have been subjected to the insults 
of a brutal soldiery, and deprived of those comforts and that independ- 
ence to which birth, education, and habit had accustomed them, and 
notwithstanding devoted Vicksburg and heroic Port Hudson suffered, 
endured, and passed from our possession, and Mississippi bleeds at 
every pore from the reverses of the year, we believe Mississippi's 
favored son was not wanting in purposes or cherished desire to keep 
the poisoned chalice from our lips and hearts, or failed to avail himself 
of the most effective means at his command to triumph over and repel 
the invaders." 

QUESTIONS ON CHAPTER XXXII. 
Where did General Johnston fall back to after the surrender of 
Vicksburg? What Federal commander followed him? Condition of 
Jackson for purposes of defense? Its evacuation by Confederates? 
General elections in Mississippi in 1863? What three candidates for 
Governor? The successful one? Outline-sketch of his life? His 
war record? His desperate charge and dangerous wound at Shiloh? 
At Baton Rouge? His peculiar fitness as a " war Governor ? " Where 
did the Legislature meet in 1863? Inauguration of Governor Clarke? 
Give an extract from his inaugural address. Who succeeded Hon. 
James Phelan as Senator from Mississippi to the Confederate Con- 
gress? Members from the State at large? What of the defective 
militia laws? Why were so many of the press and people of the State 
opposed to the enforcement of these laws ? Last message of Governor 
Pettus? What action did Governor Clarke take in the matter imme- 
diately after assuming the office? Number of State troops in the field 
at the close of 1863? General George's regiment? Discontent with 
Davis' administration ? Resolutions of the Legislature of Mississippi 
concerning it ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 193 



CHAPTER XXXIII. 

1864. 

1. The beginning of the year 1864 found the Confederacy 
struggling for existence, yet holding at bay the immense 
armies of the Federal Government. After the fall of Vicks- 
burg, General U. S. Grant was placed in command of the 
entire Federal forces, and planned two campaigns of great 
importance, one for himself against Richmond and one for 
General Sherman against Atlanta. The Confederate forces 
in Virginia were under command of General Robert E. Lee ; 
those in Georgia of General Joseph E. Johnston. 

2. In May, Sherman attacked Johnston at Resaca, Georgia, 
but was repulsed with heavy loss, while the Confederate 
loss was slight. From May 14th to June 4th, a series of 
attacks and repulses ensued, culminating in the unsuccessful 
attempt of Sherman to dislodge Johnston from his moun- 
tainous position. On the 9th of June a desperate attack 
was made by the enemy upon our forces, and for more than 
three weeks the fighting was incessant. On the 14th of 
June, General Leonidas Polk, a consecrated Bishop of the 
Protestant Episcopal church, was killed, and General Loring 
appointed to succeed him. General Johnston finally con- 
centrated his forces "around Kennesaw Mountain in a strong 
position, from which all of Sherman's skill failed to dislodge 
him. 

3. A flank movement of Sherman's, made by sending 
McPherson across the Chattahoochee river, finally caused 
Johnston to withdraw his army, which he did in splendid 
style. At this important stage of the warlike game, John- 
ston, whose masterly movements were the admiration of the 
world, was, by an order issued from Richmond by President 



194 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Davis, superseded by General John B. Hood, a brave but 
notoriously rash officer. Hood at once commenced an aggres- 
sive movement contrary to Johnston's line of conduct, 
which had been to act entirely on the defensive. Two days 
after Hood assumed command he attacked Sherman, and 
after a bloody battle of five hours, was defeated with 
tremendous loss. On the 21st of July he again attacked 
Sherman, and another sanguinary battle, in which both 
sides claimed to be victorious, ensued. 

4. On the 28th of July, Hood again attacked Sherman 
desperately, but unsuccessfully. August 5th, Hood defeated 
Schofield, who made an attack upon him. Sherman attacked 
and defeated Hardee at Jonesboro, which compelled Hood to 
evacuate Atlanta. Hood then projected his Tennessee cam- 
paign, hoping to force Sherman to abandon Georgia. On 
September 28, 1864, he began his famous retreat, hoping 
therer^y to induce Sherman to follow him. General French 
was sent to capture Altoona, where Sherman's supplies 
were located, but the place being too strongly situated, the 
attempt failed. Thomas was sent into Tennessee, and 
Sherman, after burning Atlanta to the ground, commenced 
his celebrated "march to the sea." 

5. With the purpose of laying waste a country upon 
which the Confederates were relying for supplies, Sherman 
with an army of seventy-thousand Federals began his march 
through Georgia, reaching and taking Savannah, December 
21, 1864, his vast army advancing in four columns and cover- 
ing in their foraging operations a strip of territory sixty 
miles in width. Desolation and dismay attended the march 
of the invader ; smoking ruins and homeless women and 
children were left in its rear. Sherman himself, it is said, 
boasted that " a crow could not subsist on the track " over 
which his army had passed. 

6. On February 1, 1865, the invaders crossed into South 
Carolina and marched in the direction of Columbia. Here, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



196 



as in Georgia, his advance was marked by smoking ruins 
and general destruction. He met with practically no resist- 
ance. General Hardee, the Confederate general at Charles- 
ton, saved the city by abandoning it as soon as Sherman 
reached the railroads leading into the city. This was done 




MAJOR-GENERAL E. C. WALTHALL. 



on February 18, 1865. Sherman reached the doomed city 
of Columbia, South Carolina, February 17, 1865. The day 
was spent in plundering the city, the night in burning it, and 
scenes of woe that beggared description ensued. After the 
destruction of Columbia, Sherman advanced into North 
Carolina to oppose the Confederates under General Joseph 
E. Johnston. 

7. Lieutenant-General Stephen D. Lee, of Mississippi, 
also rendered effective service in this campaign, which 
included some of the bloodiest battles of the war. His 
forces included the famous cavalry command of General 



196 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Bedford Forrest, a soldier by nature, and the idol of the 
cavalrymen of West Tennessee and Mississippi, of whom 
his command was largely composed. At the battle of Fort 
Donelson, Forrest refused to surrender when the white flag 
was hoisted by the general in command, but calling on his 
brave men to follow him, he was "out and away o'er bush 
and fen," the whole command being compelled to swim 
their horses a considerable distance before reaching dry land. 

8. Major-General E. C. Walthall also co-operated with 
Hood in his famous retreat. When the shattered army, 
conscious that "some one had blundered," yet as loyal as 
the noble "six hundred" under similar circumstances, 
reached Tennessee, Walthall and Forrest, the " right and 
left arms of Hood," hovering around the rear of the broken 
columns, saved them from utter destruction. Hood himself 
credited Walthall and Forrest with saving his army from 
destruction. General E. C. Walthall is a native Mississip- 
pian, a distinguished lawyer, and, besides the services 
rendered during the war, has long represented his people in 
Congress. 

9. Stephen D. Lee, a graduate of West Point, was one of 
the bravest and most skillful officers of the entire army. 
With a force of seven thousand men he attacked and 
defeated a Federal force of fifteen thousand under General 
A. J. Smith, who had left Memphis with re-enforcements for 
Mobile. The "retreat" terminated so disastrously for Hood 
that his losses in Tennessee alone are estimated to have 
been about ten thousand men, including killed and captured. 
At Franklin the Union army under General Schofield was 
compelled to retire, and Hood, with characteristic boldness, 

.continued to advance until with thirty-seven thousand men 
he had besieged Nashville, where Thomas, a native of Vir- 
ginia, but a Union general, lay awaiting him with fifty-five 
thousand. While Hood waited for promised re-enforcements, 
Thomas, taking the offensive movement, attacked him with 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



197 



such force that the Confederates were compelled to retreat 
from their position, and but for Lee, Walthall, and Forrest, 
would have been utterly destroyed. Hood made a last 
stand at Tupelo, Mississippi, his brave soldiers depressed, 
but not despairing. 

10. On the 4th of May, General Grant, whose watchword 
was "On to Richmond," had crossed the Rapidan. The 




HON. JAMES R. CHALMERS. 



Federal cause in Virginia was very much strengthened by the 
successes it met with in Georgia. Though Hood's defeat 
and Sherman's march to the sea operated terribly against the 
Confederate cause, our brave soldiers continued to " hope 
against hope." Their reputation in battle was such that 
Grant thought it necessary to oppose an army of one 
hundred and forty thousand men against Lee's sixty thou- 
sand. On the 1 2th of June, 1864, Grant crossed the Chicka- 
hominy and moved toward the James river. On the 15th, 



198 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Lee's advance entered Petersburg, and on the 17th and 
1 8th, Grant made an attack upon his intrenchments, with 
but little success, his forces being repulsed with heavy loss. 
After every effort to take the place by storm, a regular siege 
began ; Grant with a large force crossed to the north bank of 
the James, threatening Richmond from that quarter. The 
lines of the two commanders now faced each other, Grant 
watching eagerly for some opportunity to break his enemy's 
line, and Lee equally as wary in warding off attack. 

11. By the fall of 1864, Mississippi was almost depleted of 
all articles of food and clothing not manufactured at home. 
In those sections of country tributary to points held by the 
enemy, a species of commerce called "blockade-running" 
was inaugurated, but it was of no benefit to the good citizens 
of the country, as articles obtained in this way were held at 
fabulous prices by speculators, and were beyond the reach 
of the majority of the people. This species of blockade- 
running is to be distinguished from that practiced on the 
Confederate coast, where light sailing vessels often evaded 
the vigilance of the Federal blockading squadron, and speed- 
ing off before the wind, were soon in communication with 
vessels from European ports, which were ready at any time 
to trade with the beleaguered Confederates. Running the 
blockade of the enemy's lines within the Confederacy was 
deprecated by the soldiers at the front, as it often involved 
the taking of the oath of allegiance to the United States 
Government. 

12. In the depressed condition of affairs, Confederate 
money had depreciated in value to such an extent as to be 
almost worthless as a medium of exchange. Fifty dollars in 
Confederate money only equaled one of gold. A single pair 
of shoes brought from fifty to seventy-five dollars, and 
calico and other cotton goods prices equally extravagant. 

13. On the 3d of February, 1865, commissioners from the 
Confederate Government met those from the United States, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 1QQ 

the latter including President Lincoln, and the former Vice- 
President Stephens, on board of a war-vessel in Hampton 
Roads, for the purpose of holding a peace conference, but 
as Mr. Lincoln would accept nothing from the Confederate 
Government but unconditional surrender, the conference 
terminated without effect. Hon. Jacob Thompson, who had 
engaged actively in the Confederate service from the begin- 
ning of the war, was, towards its close, sent by the Con- 
federate Government upon a mission to Canada, entrusted 
with a secret- service fund for the purpose of enlisting aid 
in behalf of our waning cause. Hon. C. C. Clay, of Ala- 
bama, was associated with Mr. Thompson in this mission, 
which was performed to the entire satisfaction of the Con- 
federate authorities. 

14. On the 23d of February, 1865, General Joseph E. 
Johnston was reinstated over the shattered remnants of his 
old command. Grant's army in Virginia was still slowly 
and cautiously encircling Lee's heroic little army, getting 
nearer and nearer to Richmond, the capital of the fated 
Confederacy. On the 2d of April, 1865, it became neces- 
sary for the Confederate army to retire from Petersburg, 
and orders were given on the same day for the evacuation 
of Richmond. 

15. Lee's army retreated to Appomattox Court House, 
and here, on the 9th of April, 1865, the memorable meeting 
between the two commanders, Lee and Grant, took place, 
and arrangements for the surrender of Lee's army were 
completed. The terms of the surrender are included in the 
correspondence which took place between the two com- 
manders on the same day. General Grant wrote to General 
Lee as follows: " In accordance with my letter to you of 
the 8th instant, I propose to receive the surrender of the 
army of Northern Virginia on the following terms, to-wit : 
Rolls of all the officers and men to be made in duplicate, one 
copy to be given an officer designated by me, the other to be 



200 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

retained by such officers as you may designate. The 
officers to give their individual parole not to take arms 
against the government of the United States until properly 
exchanged, and each company or regimental commander to 
sign a like parole for the men of his command. The arms, 
artillery, and public property to be parked and stacked and 
turned over to the officers appointed by me to receive them. 
This will not embrace the side-arms of the officers nor their 
private horses or baggage. This done, the officers and men 
will be allowed to return to their homes, not to be disturbed 
by the United States authority so long as they observe their 
parole and the laws in force where they may reside." 

16. To which General Lee replied: "I have received 
your letter of this date, containing the terms of the surren- 
der of the army of Northern Virginia, as proposed by you. 
As they are substantially the same as those expressed in 
your letter of the 8th instant, they are accepted. I will 
proceed to designate the proper officers to carry the stipula- 
tions into effect." At the time of his surrender, Lee's army 
amounted to only ten thousand men, while Grant's numbered 
nearly one hundred and fifty thousand. 

17. Upon the evacuation of Richmond, President Davis 
and the Confederate Cabinet, of course, left the city, Mr. 
Davis remaining at Danville, Virginia, until after the surren- 
der of Lee's army, when he proceeded to North Carolina, 
where General Joseph E. Johnston was still waging an 
unequal warfare with Sherman. About this time the assas- 
sination of President Lincoln by John Wilkes Booth reached 
the South, where it was received with universal condemna- 
tion. An attempt to implicate some of the Southern leaders 
in the plot, which caused Lincoln his life, proved worse 
than useless. 

18. On the 27th of April, 1865, General Joseph E. John- 
ston surrendered his army to General Sherman on substan- 
tially the same terms that had been accorded to Lee by 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 201 

Grant. A few days afterward, Mr. Davis, whose object 
was to reach the West, where there were still unsurrendered 
Confederate troops, was captured by a party of Federal 
cavalry, sent by water to Fortress Monroe, and there incar- 
cerated as a prisoner of State. 

19. Early in May, 1865, the " last Confederate surrender" 
was made, that of Lieutenant-General Richard Taylor, in 
command of the Department of Mississippi and Alabama. 
This virtually ended the Civil war. 

Thus ended one of the most lamentable contests in the 
history of the world — a contest that arrayed in strife brother 
against brother, and created a bloody chasm between the 
two sections of a country which had hitherto been the 
happiest and most prosperous on earth. The seeds of this 
great conflict were sown long before the men who fought 
each other were born. Slavery, the cause of the war, was 
abolished, greatly to the benefit of the people of the South. 
At the close of the war, the South was financially ruined. 
Indeed, the war was very costly to both sides, both in 
treasure and in blood. 

At its close, the North had a debt of nearly three billions 
of dollars hanging over it. The greatest loss suffered, how- 
ever, by the South, was in the number of her gallant sons 
who were slain in battle, or who died from wounds or 
disease. While the North had the world to recruit her 
armies from, the South was forced to send forth the flower 
of her manhood, the youth of sixteen summers and the old 
man of sixty. It is considered a low estimate to say that on 
both sides of the great Civil war, over one million of men 
were killed and wounded. 

More than one good lesson, however, has been learned by 
the student of the great struggle. The people of the North 
and South learned to know each other better, and to respect 
each other's opinions more after the smoke of battle had 
died away. The South has become more prosperous and 



202 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

self-reliant through the enforced discipline of poverty and 
self-denial, and is now developing her many natural 
resources with great rapidity. 



QUESTIONS ON CHAPTER XXXIII. 

In what condition did the beginning of the year 1864 find the strug- 
gling Confederacy? Who was placed in command of the entire Fed- 
eral forces after the fall of Vicksburg? What two campaigns were 
planned by him? Commanders of Confederate forces in Virginia and 
Georgia? Battle of Resaca, Georgia? How did Sherman's attempt 
to dislodge Johnston result? Three weeks of fighting? Death of 
Bishop Polk? His successor? Where did Johnston finally entrench 
himself ? What finally caused the Confederate commander to withdraw 
his army from this position ? Removal of Johnston from command and 
appointment of Hood? Hood's plan of attack? The three battles 
that ensued? Hood's defeat of Schofield? How did Hood hope to 
force Sherman to abandon Georgia? Show how this plan failed? 
Sherman's " march to the sea? " Devastation attending it ? Burning 
of Columbia? How did Hardee save Charleston? Whither did 
Sherman march after the destruction of Columbia? Services rendered 
by General Stephen D. Lee in this campaign? General Bedford 
Forrest? Of whom was his command largely composed ? His action 
at Fort Donelson? General E. C. Walthall? To whom did Hood 
give the credit of saving his army on its memorable retreat from 
Tennessee? Sketch of General Stephen D. Lee? Losses of Hood's 
army in Tennessee? Battles of Franklin and Nashville? Hood's last 
stand ? How was the Federal cause strengthened in Virginia? Reputa- 
tion of Confederate soldiers in battle? Difference in numbers of the 
two armies? When did Grant cross the Chickahominy?' Lee's 
entrance into Petersburg? Grant's attack and repulse? Siege of 
Petersburg? Situation of the two armies? Situation in Mississippi 
by the fall of 1864? Blockade-running ? Why disapproved of by the 
Confederate soldiery ? Confederate money ? High price of necessary 
articles? When and where did commissioners from the Confederate 
Government meet Mr. Lincoln ? How did the conference end? Thomp- 
son and Clay? When was General Joseph E. Johnston reinstated? 
When did the Confederate authorities return from Petersburg? Lee's 
retreat to Appomattox? Meeting of Lee and Grant? Terms of the 
surrender? Lee's answer to Grant? Difference in the numbers of the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



203 



two armies at the time of the surrender? Where did President Davis 
and the Confederate Cabinet go after Lee's surrender? Assassination of 
President Lincoln? Surrender of Johnston to Sherman? Capture of 
Mr. Davis? " Last Confederate surrender?" Character of the Civil 
war? Debt of the United States at the close of the war? Greatest 
loss of the South? Number of killed and wounded on both sides? 
Effect of the war on the people of the South ? 




204 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXXIV. 

1865. 

1. The Legislature of Mississippi was in session when the 
news of the surrender of General Richard Taylor reached 
the city. It was rumored at the same time that a force of 
Federal cavalry, under General Osborne, was advancing 
upon Jackson, and that the Governor and members of the 
Legislature would be placed under immediate arrest. The 
Legislature, at the request of the Governor, hastily disposed 
of the business of the hour and adjourned, the members dis- 
persing in order to prevent the execution of the order of 
arrest. 

2. The Federal troops entered the city May 22, 1865, took 
possession of all offices of public business, and finally, with 
slow and measured tread, entered the capital itself, demand- 
ing of the Governor the abdication of his office and the sur- 
render of the archives and State property. " I comply with 
your demand," said Governor Clarke, whose wounds, 
received at Shiloh, had rendered him incapable of standing 
erect, " only because I am forced to do so, and I protest in the 
name of freedom and justice against this act of lawless usur- 
pation on the part of the President of the United States." 

3. He was immediately arrested and sent to a military 
prison at Fort Pulaski, there to await the pleasure of the 
United States authorities. His last official act was the 
appointment of Judges Sharkey, Wharton, and Yerger as~a 
commission to proceed at once to Washington for the purpose 
of securing, if possible, from President Johnson terms favor- 
able to the peace and welfare of the people of Mississippi. 
Judge Wharton, who had at one time served as a commis- 
sioner from Mississippi to urge secession on the part of the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 205 

other Southern States, declined to act, and Colonel Jones S. 
Hamilton was appointed in his stead. 

4. Not Mississippi alone, but all of the recent Confederate 
States, were placed under martial law and occupied by mili- 
tary forces of the United States Government. Provisional 
governors were appointed in each of the Southern States, 
with instructions for the assembling of conventions composed 
of persons loyal to the Government of the United States, 
whose duty it should be to alter and amend the Constitutions 
of the several States. 

5. On the 13th of June, 1865, Judge W. L. Sharkey was 
appointed Provisional Governor of Mississippi. His well- 
known sympathies with the Union previous to the outbreak 
of hostilities between the sections, recommended him to the 
authorities at Washington, and he immediately entered upon 
the noble task of endeavoring to restore peace and harmony 
between his State and the Government of the United States. 

On the 14th of August, 1865, a convention assembled in 
Jackson, which declared void the ordinance of secession, and 
abolished slavery forever in the State. This convention 
passed an ordinance providing for a general and special elec- 
tion to be held on the 2d of October, 1865. At this election 
Hon. B. G. Humphreys received a majority of the votes cast 
for Governor, and was declared the constitutionally elected 
Governor of Mississippi for the ensuing term. 

6. Hon. William L. Sharkey was elected United States 
Senator for the term commencing March 5, 1865, and Hon. 
James L. Alcorn for the long term, commencing March 5, 
1865. Arthur E. Reynolds, Richard A. Pinson, James T. 
Harrison, A. M. West, and E. G. Peyton were the members- 
elect to Congress from the State at large, but neither Sena- 
tors nor Representatives from Mississippi were admitted to 
their seats, Congress having refused to endorse President 
Johnson's reconstruction policy before their admission to 
office. 



206 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

7. Governor Humphreys was inaugurated on the 16th of 
October, 1865, the oath of office being administered by ex- 
Governor Sharkey. The sentiment of the people of the 
State in regard to their readmission may be learned from the 
following extract from the inaugural address : " The people 
of the State of Mississippi, acknowledging the decision of 
war, a tribunal from which there is no appeal, desire to 
return to the Union and renew their fidelity to the Constitu- 
tion of*the United States. It has been officially reported, 
from some quarters, that our people are insfncere and the 
spirit of revolt is rampant among us. But if an unflinching 
fidelity in war gives evidence of reliable fidelity in peace; 
if the unvarying professions that spring from private and 
public sources furnish any evidence of truth, it is sufficiently 
demonstrated that the people of the South, who, so long and 
against such terrible odds, maintained the mightiest conflict 
of modern ages, may be safely trusted when they profess 
more than willingness to return to their allegiance. The 
South, having ventured all on the arbitrament of the sword, 
has lost all save her honor, and now accepts the result in 
good faith. It is our duty to address ourselves to the promo- 
tion of peace and order, to the restoration of law, the faith 
of the Constitution, and the stability and prosperity of the 
Union ; to cultivate amicable relations with our sister States, 
and establish our agricultural and commercial prosperity 
upon more durable foundations, trusting that the lessons 
taught by the war will not be lost, either to the North or the 
South ; that free men once enlightened will not submit to 
wrong or injustice, that sectional aggression will meet with 
sectional resistance, and that the price of political perfidy is 
blood and carnage." 

8. On the 1st of November, 1865, a memorial to President 
Johnson in behalf of Hon. Jefferson Davis, who was still con- 
fined in prison, was adopted by both houses of the Legisla- 
ture. The presence of an armed force, composed partly of 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 207 

negroes, on the soil of our State, was a standing grievance 
to the people of Mississippi ; and in December, 1865, tne 
Legislature appointed a commission to visit Washington 
City, to act in conjunction with the Congressmen-elect from 
Mississippi, in representing to President Johnson the con- 
dition of affairs in the State caused by the presence of col- 
ored troops, and the fears entertained of insurrectionary 
movements among the negroes. This commission was urged 
to secure, if possible, the removal of colored troops from 
the State, and to procure arms for the defense of the State 
by the militia. The President finally consented to the 
removal of the troops from the State, and Mississippi was 
for a time relieved of this standing menace against the rights 
and liberties of her citizens. 

9. The Fourteenth and Fifteenth Amendments to the 
Constitution of the United States conferred citizenship upon 
the lately emancipated slaves of the South. The Southern 
States, which had composed the late Confederacy, were 
unwilling, with the exception of Tennessee, to ratify these 
amendments, on the ground that the action of Congress was 
premature, the freedmen not being yet prepared for the 
responsible duties of citizenship. Upon the refusal of these 
States to ratify the proposed amendment, Congress declared 
them to be still in a state of rebellion. 

10. In March, 1867, Congress passed the Military Recon- 
struction Law, dividing the late Confederate States, with the 
exception of Tennessee, into five military districts, render- 
ing the existing Civil Governments provisional only, and 
making them in all respects subject to the paramount 
authority of the government of the United States. Missis- 
sippi again became subject to military rule, being placed, with 
Arkansas, in the Fourth Military District, General E. O. C. 
Ord, Division Commander. 

General Ord entered upon the duties of his office on the 
26th of March, 1867. He issued an order on the 26th of 



208 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

April, to the effect that elections to fill vacancies in State 
offices would not be held until a registration of votes had 
taken place ; and that prior to this registration all vacancies 
would be filled by appointment of the military commander. 
This order immediately precipitated a horde of hungry office- 
seekers upon the State, and the seeds of discord and race- 
strife were sown, which unfortunately sprang up and bore 
abundant fruit. The Reconstruction Act provided that in 
all elections to office under the provisional State govern- 
ments, all persons should be entitled to vote. 

ii. Governor Humphreys, for the time being, was per- 
mitted to retain his seat, though military governors were 
forced at the point of the bayonet upon many of the unre- 
constructed States. While the people of Mississippi had 
shown their willingness to acquiesce in the measures of the 
Federal Government on most points, had repealed the ordi- 
nance of secession and abolished slavery forever, a large 
majority of them were opposed to the admission of the 
negro to citizenship and the ballot-box. The registration 
books in Mississippi in 1867 showed that of the white voters 
only 46,636 registered, while of the negroes there were 
60,167. In the election which was subsequently held to 
decide whether or not the State shouid assemble a conven- 
tion, comparatively few of the white voters went to the 
polls, giving the Republicans, who favored the holding of a 
convention, an easy victory. In the election of delegates to 
this convention, the entire political power of the State was 
thrown into the hands of a few adventurers from the 
Northern States and a host of ignorant negroes. 

12. The famous "forty-acres-and-a-mule " watchword of 
the Republicans had led the negroes to believe that the lands 
and property of their former owners would be distributed 
among them, and the non-fulfillment of this promise, 
together with the inflammatory speeches of their political 
leaders, caused the most violent demonstrations against the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 209 

whites to be made in many localities. Apprehensions of the 
gravest nature were excited, and in December, 1867, Gov- 
ernor Humphreys was forced to appeal to General Ord for 
assistance in preventing insurrection. General Ord immedi- 
ately issued orders for the arrest of all persons, white or 
black, found plotting against public peace and safety. This 
had the effect of breaking up conspiracies, and restored, for 
a time, a feeling of confidence in the public security. 

13. An organization known as the "Freedman's Bureau " 
was at this time in active operation in the Southern States.' 
It had been established by Congress for the " relief of freed- 
men refugees and abandoned lands," and, although the 
President vetoed the bill for its establishment, it was passed 
over his veto. The officers of this institution were granted 
the most arbitrary power in proceedings against the white 
inhabitants of the State, even forbidding their assembling 
together under any pretext whatever. 

14. The election for the convention was held on the 5th 
of November, 1867, and the convention assembled on the 
8th of January, 1868, continuing in session until the 18th of 
May. The famous " Barebones Parliament," of Revolution- 
ary celebrity, in England, was a dignified body in comparison 
with that which now sat within the legislative halls of 
Mississippi. B. B. Eggleston, of Ohio, presided over their 
deliberations. The very foundations of State Government, 
which had been laid in law and order, were torn up by this 
sacrilegious mob. One of their first acts was the appoint- 
ment of a committee to petition Congress for power to 
remove the State officials, appointed or elected under the 
provisional government, and to appoint others in their 
stead, charging that the provisional government was in the 
hands of the rebels, and that the lives and property of loyal 
men were insecure. 

15. The High Court of Errors and Appeals, with its 
elective judiciary, was abolished, and a Supreme Court, 



210 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

consisting of three judges appointed by the Governor, estab- 
lished in its stead. The Circuit benches were also required 
to be filled by appointment, and a separate Chancery Court 
was established in each county, with full jurisdiction in all 
matters in equity and such as pertained to a court of chan- 
cery. The Chancellor's office was required to be filled in 
the same manner as the Circuit Judges and Judges of the 
Supreme Court. 

16. The office of Lieutenant-Governor was established; 
also a Commissioner of Emigration and Agriculture, who 
should be elected by the Legislature. A Board of County 
Supervisors was substituted for the old Board of Police. A 
system of free public schools was adopted, and the office of 
State Superintendent of Public Education established. It 
was provided that that officer, in connection with the 
Secretary of State and Attorney-General, should form a 
Board of Education for the management and investment of 
the school funds, under the direction of the Legislature. A 
Superintendent of Education for each county was also pro- 
vided for, the office to be filled by appointment from the 
State Board, or made elective by the Legislature. 

17. Universal suffrage was established, with the exception 
of criminals only. The ordinance of secession was declared 
null and void, the existence of slavery prohibited, payment 
of the war debt forbidden, and the State restrained from 
participating in the stock of corporations, and from lending 
its credit to any private enterprise. An election to ratify 
the Constitution and for the election of State officers, a 
Legislature, and Representatives in Congress was ordered 
to be held on June 22, 1868. Before adjourning, the mem- 
bers of this convention voted to themselves the most 
extravagant compensation for their services during the 
session. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 21! 

QUESTIONS ON CHAPTER XXXIV. 

Legislature of Mississippi at the time of the surrender of General 
Richard Taylor? Its adjournment? When did the Federal troops 
enter Jackson ? Action of Governor Clarke when called upon to 
surrender? His arrest and imprisonment? Last official act of Gov- 
ernor Clarke? Placing of the recent Confederate States under martial 
Jaw? Appointment of Provisional Governors? Who was appointed 
Governor of Mississippi? What recommended him to the authorities 
at Washington? Convention of 1865? Who was elected Governor 
of Mississippi ? Who were elected to the United States Senate from 
Mississippi in 1865? Representatives? Why were they not admitted 
to their seats? When was Governor Humphreys inaugurated? 
Extract from his inaugural address. What memorial was presented 
to President Johnson by the Legislature of Mississippi ? What com- 
mission was also sent to Washington? What grievance was for a 
time removed by order of President Johnson ? What of the Fourteenth 
and Fifteenth Amendments to the Constitution? What Southern 
State alone accepted these amendments ? Why did the others refuse 
to ratify them ? What did Congress declare concerning them ? When 
was the Military Reconstruction Bill passed ? Its purport? Who was 
placed in command of the Fourth Military District? When did he 
enter upon the duties of his office? Order concerning elections? Its 
effect upon the State? What of the Reconstruction Act? Was Gov- 
ernor Humphreys permitted to retain his seat? What did the registra- 
tion books in Mississippi show in 1867 ? Why did the Republicans 
gain an easy victory in 1867? With what promise had this party led 
the negroes to victory? Demonstrations against the whites? Why 
was Governor Humphreys forced to appeal to the military authorities? 
Effect of this appeal? Organization of the " Freedman's Bureau?" 
Its object? Convention of 1868? Its personnel ? Its President? One 
of the first acts of this convention? Abolishment of the High Court 
of Errors and Appeals? Other changes? Public school system? 
Universal suffrage? The Ordinance of Secession? Slavery? The 
war debt ? The election ? 



212 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXXV. 

1868. 

1. At the ensuing election the total vote on the ratification 
of the Constitution was 120,091, of which 55,231 were for 
the Constitution, and 63,860 against it. The clauses which 
rendered the Constitution so obnoxious to the white popula- 
tion of the State were those relating to universal suffrage 
and eligibility to office. The clause relating to the latter 
was even more vindictive than the acts of Congress required, 
its proscriptive nature securing its own defeat, the more 
intelligent negroes voting with the whites against it. 

2. No one was allowed to register without first swearing 
that he had not been disfranchised by any of the acts of 
the Reconstruction Bill. No one who had voted for the call 
of the convention that passed the ordinance of secession, 
who had voted for or signed such ordinance, or who had 
aided or countenanced the rebellion in any way, was allowed 
to hold office, unless he had afterward aided reconstruction 
by voting for the Constitutional Convention. 

3. Governor Humphreys was re-elected, receiving 63,321 
votes, against 55,250 for B. B. Eggleston, the Republican 
candidate. Four of the five Congressmen elected were 
Democrats, and the Democrats had a small majority in the 
Legislature. On the 4th of June, 1868, General Ord was 
removed from the command of the Fourth Military District, 
and General Irwin McDowell placed in his stead. On the 
15th of the same month, General McDowell issued an order 
removing Governor Humphreys and appointing General 
Adelbert Ames, of Maine, to the vacancy. At the same 
time, the Attorney-General, Charles E. Hooker, who had 
served with distinction through the war as Major-General 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 213 

in the Confederate service, was removed, and Captain 
Jasper Myers appointed instead. Governor Humphreys was 
notified of the change by General Ames, but declined to 
vacate the office, regarding the order of General McDowell 
as a " usurpation of the Civil Government of Mississippi, 
unwarranted by, and in violation of, the Constitution of the 
United States." 

4. Congress, however, sustained the order of General 
McDowell, and a body of soldiers took possession of the 
Governor's office, ejecting the lawful incumbent at the point 
of the bayonet. The Governor's mansion was then 
demanded, and upon Governor Humphreys' refusal to 
vacate it, the bayonets of the soldiers were again brought 
into requisition. After the rightful occupant had been 
ejected, Governor Ames took possession of the " Mansion " 
and of all the public buildings and archives. 

5. In March, 1869, a joint resolution was passed by Con- 
gress, which ordered that all persons holding office in Missis- 
sippi who could not take the "Test Oath" prescribed in 
1862, should be removed from office. It empowered the 
military commander of the district to fill the vacancies exist- 
ing in consequence of these removals by the appointment 
of persons who could take the test oath. General Ames 
about this time was made the military commander of the 
district, and immediately proceeded to carry into effect the 
joint resolution of Congress, by a general order, dated March 
23, 1869. Another order was issued about the same time 
requiring that negroes should be received as jurors. 

6. General Grant in the meantime had succeeded Andrew 
Johnson as President of the United States, and Congress 
passed an Act authorizing him to submit the Constitution of 
the State to another election by the people, the obnoxious 
features, which had secured its defeat in the first instance, 
being submitted to a separate vote. 

7. The election was held on November 30th, and Decern- 



214 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ber I, 1869, and the result was the rejection of the obnox- 
ious features of the Constitution by large majorities. The 
Constitution as amended was ratified. There were 105,223 
votes in favor of ratification, against 954 opposed. The 
vote against the disfranchisement of Confederate soldiers 
was almost unanimous. 

8. The Democrats had no ticket in the field at this elec- 
tion, knowing that it was useless to contend against the 
Republicans, who were divided into two wings or parties. 
The Radical Republicans, who had the support of the Presi- 
dent and Congress of the United States, with a view to 
conciliating the white voters, placed a conservative ticket 
for State officers in the field and deprived their platform of 
its most obnoxious features. Hon. James L. Alcorn, a 
wealthy planter and politician of Coahoma county, Missis- 
sippi, was placed at the head of this ticket for Governor. 
General Alcorn, who was educated at Princeton, Kentucky, 
had been a citizen of Mississippi from his early manhood. 
Six months after his arrival in the State he was elected to 
the Legislature. In 1857, he was nominated by the Whig 
party as a candidate against L. Q. C. Lamar, whose dis- 
trict contained a large Democratic majority. He was elected 
to the State Convention in 1861 as a Unionist, resisting the 
ordinance of secession while hope of its defeat remained. 

9. After the secession of the State, Alcorn raised a brigade 
of troops pledged for a twelve months' service in the field. 
The Convention of Mississippi appointed him third on the 
list of the Brigadier-Generals of the State troops. General 
Alcorn was elected to the Legislature in 1865, and from 
there to the United States Senate for a term of six years, 
though he was not allowed to take his seat on account of 
existing difficulties. The platform on which he was nomi- 
nated for Governor declared in favor of a removal of 
political disabilities as soon as possible. It also pledged 
itself to a just and economical administration of the State 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



215 



and National Governments, freedom of speech and of elec- 
tions, free schools and a reformation of the system of taxa- 
tion. Fidelity to the Union and to the Republican party, 
the equality of all men before the law without regard to 




HON. L Q. C. LAMAR 



race, color, or previous condition, were insisted upon by 
this platform. 

10. The other wing of this party was known as the 
"National Union Republican " party. There was very 
little difference in the platform of this and the Radical 
Republican party. Its nominee for Governor was Judge 
Lewis Dent, brother-in-law of President Grant, whose 
influence it was hoped could be secured. This hope, how- 
ever, was not realized, as President Grant stood by the 
nominees of the regular Republican party. 

ii. General Alcorn was elected, receiving 76,186 votes, 
against 38,097 for Judge Dent. The entire Congressional 






1 



216 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

delegation and three-fourths of the Legislature were com- 
posed of Republicans. A general order from the military 
commander of the district directed the Legislature to meet 
at Jackson on the nth of January, 1870. Another general 
order appointed General Alcorn Provisional Governor, but 
he declined to accept the appointment, preferring to receive 
his office directly from the people. 

12. The Congressmen elected from the State at large 
were Geo. E. Harris, J. L. Morphis, H. W. Barry, Geo. C. 
McKee, and L. W. Perce. The Legislature, which met on 
the nth of January, 1870, proceeded to the election of 
three United States Senators, two to fill out unexpired 
terms, and Hiram R. Revels, a very intelligent colored man, 
for the remaining short term. These Senators and the 
Representatives from Mississippi were the first that were 
admitted to seats after the war. 

13. In i860 the population of Mississippi had been 791,305 ; 
in 1870 it was 827,922, an increase of only 4.63 per cent. 
The war, which had swept away a large proportion of the 
flower of her male population, and entirely retarded immi- 
gration, was the principal cause of the slow rate of increase, 
though the reconstruction measures adopted after the war 
did not tend to attract population. 

14. The census report of 1870 shows that Mississippi that 
year surpassed all other States in the production of cotton. 
The corn crop was unusually large also. The total value 
of real and personal estate had dwindled from $607,324,911 
in i860, to $209,197,345 in 1870. This diminution in the 
value of personal property was due chiefly to the emancipa- 
tion of slaves. The total State taxation in 1870 was 
$3,736,432, of which $1,796,230, including $1,138,494 due 
to the educational funds, was State, $656,585 county, and 
$141,600 town and city. The State held bonds and stocks 
to the amount of $966,674 as securities for loans to railroads, 
etc. The State penitentiary was rebuilt after the war. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 217 

The convicts, in 1870, were employed partly within the 
walls upon manufactures and partly leased to persons who 
employed them on public works in different parts of the 
State. 

15. A State Normal School, devoted to the training of 
colored teachers, was established at Holly Springs in 1870. 
According to the census of that year the number of schools 
of all classes was 1,564, with 1,054 male and 674 female 
teachers, and 22,793 male and 20,658 female pupils, and an 
annual income of $780,339. The Constitution of 1868 
required the establishment of a system of free public schools 
for all youth between the ages of five and twenty-one years, 
but the Act to carry this provision into effect was not passed 
until 1871. 

16. The University of Mississippi, which was reorganized 
soon after the close of the war, was in 1870 in a flourishing 
condition. It embraced three departments : preparatory, 
scientific, literature, the arts, and professional. Alcorn 
University for colored students was incorporated by an Act 
of May 13, 1871, which appropriated $50,000 a year for ten 
years for its support, and also bestowed upon it three-fifths 
of the proceeds of the 210,000 acres of land granted by 
Congress to the State for the endowment of educational 
institutions. The tuition was made gratuitous to all colored 
students living in Mississippi. 

17. At Tongaloo University, established in 1870, near the 
center of the State, there are university, primary and 
intermediate, normal and theological departments, all for 
the benefit of colored students. Workshops and a farm of 
five hundred acres are connected with this school, which 
enable students to support themselves wholly or jn part by 
their own labor. Shaw University, founded at Holly 
Springs in 1873, has preparatory, normal, collegiate, theo- 
logical and law departments. The name, since its founda- 
tion, has been changed to Rust University. The Faculty 



218 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

receives its salary from the treasury of the Freedman's Aid 
Society. The number of newspapers and other periodicals 
published in the State in 1870 was in, of which three were 
daily, six tri-weekly, three semi-weekly, ninety-two weekly, 
two semi-monthly, and five monthly. The total number of 
church organizations at that time was 1,829. Church 
property was valued at $2,360,800. 



QUESTIONS ON CHAPTER XXXV. 

Result of the election in 1868? Clauses of the Constitution obnox- 
ious to the whites ? Who alone were allowed to register ? Who were 
debarred from holding office? Who was elected Governor? Election 
of Congressmen ? Removal of General Ord ? His successor ? Order 
removing General Humphreys from office ? Who was appointed in his 
stead? Removal of General Hooker? Action of Governor Hum- 
phreys? Did Congress sustain the order of General McDowell? 
How was Governor Humphreys removed from office? In what man- 
ner did Governor Ames obtain possession of the Governor's mansion ? 
What resolution was passed by Congress in 1869? What did it 
empower the military commanders to do ? Who was made military 
commander of the Fourth District? Other orders issued about the 
same time ? Who had succeeded President Johnson ? What had 
Congress authorized him to do ? Did the Democrats place any ticket 
in the field during this campaign ? How was the Republican party 
divided? James L. Alcorn? Give a sketch of his public life prior to 
this time? Give the platform upon which he was nominated? The 
other wing of this party? Its platform ?nd nominees ? Result of the 
election? Military orders ? Population of Mississippi in 1870? Cause 
of the slow rate of increase? Census report of 1870? Report of 
schools? The University of Mississippi? Tongaloo University? 
Shaw? Change of name? Number of periodicals? Church property? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 219 



CHAPTER XXXVI. 

1871. 

1. At the election in November, 1871, it was found that 
the Democratic party had made considerable gains, but the 
Republicans were still very largely in the majority. The 
Senate was composed of twenty-two Republicans and four- 
teen Democrats, and the House of sixty-two Republicans, 
forty-six Democrats, and three Independents. 

While the value of real estate throughout the State had 
greatly depreciated, taxes had multiplied to an enormous 
extent, and the expenditures in comparison with former 
years were alarming. 

2. On the 30th of November, 1871, Governor Alcorn 
resigned his office to take his seat in the Senate of the 
United States. Lieutenant-Governor R. C. Powers suc- 
ceeded him as Governor of Mississippi. In the Presidential 
election of 1872, General Grant's majority over Greeley, in 
Mississippi, was 34,887. 

Hon. L. Q. C. Lamar was elected to Congress by the 
Democrats of the First District. The remaining four dis- 
tricts were represented by Republicans. A. R. Howe rep- 
resented the Second, H. W. Barry the Third, Jason Niles 
the Fourth, and George C. McKee the Fifth. 

3. The State Superintendent of Public Education reported 
that for the period beginning January 1st and ending August 
31, 1873, two thousand public schools were in operation in 
the entire State, of which three hundred were of the first 
grade, seven hundred of the second, and one thousand of 
the third grade. 

The whole number of pupils enrolled in the public schools 
was eighty thousand, the number of teachers one thousand 



220 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

eight hundred. The length of the school term was only 
four months. Public school property in the State amounted 
to $1,000,000. 

4. In 1873, the Democratic party met in convention, but 
decided, in view of the immense Republican majority, to 
make no nominations for State officers. The Republican 
party again divided, that wing of which General J. L. Alcorn 
was the acknowledged leader styling themselves " Liberals." 
They were in favor of home rule and a more economical 
administration of State and county government. Alcorn 
was nominated for Governor. 

5. The regular Republican party nominated General Adel- 
bert Ames, of Massachusetts, for Governor. He was the 
same officer who had figured so conspicuously in the expul- 
sion of Governor Humphreys. Three negroes were placed 
on this ticket as candidates for the most important offices in 
the gift of the people. They were A. K. Davis, nominated 
for the office of Lieutenant-Governor ; James Hill, for Secre- 
tary of State, and J. W. Cardozo, for Superintendent of 
Public Education. 

6. The regular Republican ticket was elected, Ames 
receiving 74,307 votes, against 52,904 for Alcorn. The 
Senate was composed of twenty Republicans and forty-four 
Democrats. A large majority of the Republican members 
of the Legislature were negroes. These voted solidly 
against the whites, and were able to defeat every measure 
of reform introduced by them. 

7. The election of Ames and his colleagues resulted in 
arraying the white and black races in Mississippi against 
each other. Race conflicts, resulting often in bloodshed and 
death, were of frequent occurrence, and the inhabitants of 
the State were compelled to submit to the presence of armed 
bodies of negroes, commanded by officers of their own color, 
of the most dangerous and turbulent type. 

8. The belief prevailing among the white inhabitants 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 221 

that, for selfish ends and partisan purposes, the Governor 
and other State officers were encouraging the negroes to 
open acts of violence, added greatly to the general indigna- 
tion caused by these outrages. In December, 1874, a serious 
riot occurred at Vicksburg, in which many of the inhabitants 
of the country, mostly negroes, were killed. It is said that 
when this riot was reported to Governor Ames, he coolly 
remarked: " The killing of fifteen or twenty negroes would 
be of immense benefit to the Republican party at this time. 
What if this contest does cost blood ? The blood of the 
martyrs is the seed of the church." 

9. The white people of Mississippi, and many of the 
negroes, recoiled in horror from the rule of a man capable 
of expressing such sentiments as these. The most vindictive 
feelings of the lower class of negroes were aroused against 
the whites by the inflammatory speeches and incendiary 
teachings of their political leaders, and the peace and safety 
of the whites were constantly menaced by the presence of 
armed bodies of infuriated negroes. 



QUESTIONS ON CHAPTER XXXVI. 

What was shown by the election of 1871? Representation in Con- 
gress? Taxes and real estate? Resignation of Governor Alcorn? 
His successor? Election of Senator Lamar? Republicans in Con- 
gress? Report of State Superintendent of Education? Decision of 
the Democratic Convention of 1873 ? How was the Republican party 
divided? " Liberal " nominee for Governor? Nominee of the regular 
Republican party? Negroes on the ticket ? Which wing of the party 
was elected? Number of Republicans in the Senate? Democrats? 
Negro members of the Legislature? Result of the election in Missis- 
sippi? Race conflicts? What added greatly to the indignation of the 
whites? Riot at Vicksburg? Remark of Governor Ames concerning 
it ? Feeling among the whites and the better classes of the blacks ? 



222 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXXVII. 

1875. 

1. In 1875, a general convention of tax-payers, without 
regard to party, met at Jackson to consult as to the best 
measures to be adopted for the bringing about of a reform in 
the administration of their State government. A com- 
mittee was appointed to petition the Legislature in regard 
to the evils inflicted upon the State by taxation and misap- 
propriation of the public money. They showed that the tax 
on land, which in 1869 was ten cents on the one hundred 
dollars, was, in 1871, four times greater than that amount, 
eight times greater in 1872, twelve and one-naif times 
greater in 1873, a °d fourteen times greater in 1874, while 
the assessment of property was greatly above its real value. 
Bills introduced into the Legislature for the purpose of 
remedying these evils were defeated by the negro members 
of the same. 

2. In 1875, the Democratic party made a determined effort 
to break the yoke of misrule and oppression under which 
the State had been so long laboring. On the 3d of August, 
1875, the Democratic Executive Committee met in Jackson, 
electing General J. Z. George, Chairman. General George 
was a soldier in the Mexican war, having volunteered as a 
private in the First Regiment of Mississippi Volunteers, and 
participating in the battle and glories of Monterey. On his 
return to Mississippi he studied law and was admitted to the 
bar of Carroll county. In 1854 he was elected Reporter of 
the High Court of Errors and Appeals, was re-elected in 
i860, and prepared and published ten volumes of the 
reports of the decisions of that court, and afterward pre- 
pared and published a Digest of all the decisions of the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 223 

Supreme Court and of the High Court of Errors and Appeals, 
from the admission of the State into the Union to and includ- 
ing the year 1870. General George was a member of the 
convention of 1861, which passed the ordinance of secession, 
voting for and signing that instrument. At the beginning 
of the war he volunteered his services and was made cap- 
tain of a company in the Twentieth Regiment of Mississippi 
Volunteers. He afterward received a commission of Briga- 
dier-General of State troops, but preferring the Confederate 
service, was made Colonel of the Fifth Regiment of Missis- 
sippi cavalry, making an enviable reputation as a soldier 
and commander. 

3. The platform adopted by the memorable convention of 
August, 1875, was an extremely liberal one. The name, 
"Democratic-Conservative" party, was assumed, and many 
who had previously voted with opposition parties enlisted in 
its ranks. The canvass preceding the election was attended 
with much violence and bloodshed. A riot occurred at 
Clinton, between the whites and blacks, in which a number 
of people were killed, the negroes killing several white 
men under circumstances of great barbarity. 

4. Governor Ames appealed to President Grant for assist- 
ance during the excitement of this campaign, asking for 
United States troops to quell the "domestic disturbances" 
which were the direct results of the teachings of his party in 
the South. The President refused, telegraphing that the 
"public had grown tired of the autumnal outbreaks at the 
South." Upon failing to receive the expected aid from 
Washington, Governor Ames undertook to organize a body 
of militia, composed entirely of colored men, for the avowed 
purpose of assisting in the preservation of peace. The 
Democratic State Committee issued an earnest protest 
against this proceeding, charging the alien Governor with 
endeavoring to " stir up war between the races." 

5. The result of the election was a complete victory for 



224 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

the Democratic party. The Democratic nominees for Con- 
gress were all elected except, one. Mr. Lamar, who had 
contributed greatly to the success of the campaign by his 
influence and his eloquence, was triumphantly re-elected 
from the First District. The State was now entitled to six 
Congressmen. The Democratic Congressmen from the 
Second, Third, Fourth, and Fifth Districts were G. Wiley 
Wells, Hernando D. Money, Otho R. Singleton, and Gen- 
eral Charles E. Hooker, known as the " silver-tongued 
orator of Mississippi." The Republicans elected John R. 
Lynch, colored, from the Sixth, or " Shoe-string," District. 

6. In the State Senate there were twenty-six Democrats 
to eleven Republicans, and in the House of Representatives 
there were ninety-seven Democrats to twenty Republicans, 
the majority of the Democrats on joint ballot of the Legis- 
lature being ninety-two. The greatest enthusiasm prevailed 
throughout the State when the result of the election was 
made known, and it was realized that the intelligent tax- 
payers of the State, " native and to the manner born," 
would now have some voice in the choice of State and 
county officers. The general joy was manifested by the 
ringing of bells, firing of cannon, and the marshaling of 
processions of rejoicing voters. These rejoicings were not 
confined to the Democratic party alone. Good citizens 
everywhere, irrespective of color or party ties, were thankful 
that the long reign of misrule and plunder was over. 

7. The Legislature met in January, 1876, and immedi- 
ately began the work of retrenchment and reform. On the 
6th of that month, that distinguished soldier and statesman, 
General Winfield Scott Featherstone, offered the following 
resolution : 

Resolved, That a committee of five be appointed by the Speaker of 
the House to inquire into the official conduct of Adelbert Ames, Gov- 
ernor of the State of Mississippi, and to report to the House as early as 
practicable whether there are good grounds for his impeachment of 
high crimes and misdemeanors. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 225 

This resolution was adopted, and on the 8th of January 
the committee was appointed, with power to examine per- 
sons and papers, and ordered to submit their report, with the 
testimony taken, to the House of Representatives. 

8. General Featherstone was appointed chairman of this 
committee, which conducted the investigation in the most 
careful manner, sitting from three to five hours each day 
for thirty-eight days, examining a large number of wit- 
nesses, the majority of whom belonged to the same political 
party with Governor Ames. At the beginning of the inves- 
tigation, Ames was informed of the points on which the 
witnesses were to be examined, and requested to furnish 
the committee with the names of such witnesses as he 
might desire to have summoned and examined in vindica- 
tion of his official conduct. This request was complied 
with, and the witnesses named by Governor Ames were 
subjected to the same examination as those summoned by 
the committee. 

9. On the 22d of February, 1876, the investigating 
committee submitted its report to the House, with the 
declaration that "its members had endeavored to divest 
themselves of all partisan feeling and personal prejudices, 
keeping steadily in view the one great object to be attained, 
the ascertaining whether the official conduct of Governor 
Ames had furnished the people of the State with grounds 
which would justify and demand his impeachment." The 
report was as follows : 

Resolved, That Adelbert Ames, Governor of the State of Missis- 
sippi, be impeached for high crimes and misdemeanors in office. 

10. On the 24th of February, the House went into secret 
session in order to continue the reading of the testimony 
accompanying the report of the committee. This occupied 
nearly a week's time, and after its conclusion, on the 2d of 
March, General Featherstone, in behalf of the managers of 



226 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

the impeachment against Governor Ames, reported twenty- 
one articles of impeachment as "exhibited by the House of 
Representatives of the State of Mississippi, in the name of 
themselves and of the people of the State against Adelbert 
Ames, Governor of Mississippi, in] maintenance and support 
of their impeachment against him for high crimes and mis- 
demeanors in office." 

n. The Articles of Impeachment were adopted by the 
House of Representatives by a majority of sixty-three. 
The Clerk of the House was instructed to inform the Senate 
of the passage of this resolution and articles of impeach- 
ment, and that body at once began proceedings as a Court 
of Impeachment. While these proceedings were pending, 
Governor Ames, in a communication to the House of Repre- 
sentatives, tendered his resignation, on condition that the 
articles of impeachment be withdrawn. His proposition 
was promptly accepted ; the articles were dismissed by the 
House and from before the bar of the Senate. 

12. The resignation of Governor Ames took effect on the 
20th of March, 1876. Hon. John M. Stone, President of the 
Senate, assumed, by virtue of his office, the duties of the 
Governor, the Lieutenant-Governor, A. K. Davis, having 
been impeached by the Legislature. 



QUESTIONS ON CHAPTER XXXVII. 

What convention met in Jackson in 1875? What committee was 
appointed to petition the Legislature? What was shown in regard to 
the tax on land? How were bills introduced into the Legislature 
defeated? What determined effort was made by the Democratic party? 
Meeting of the Executive Committee of the Democratic party? 
Chairman of the committee? Sketch of General George? Platform 
of the Democratic-Conservative party? The canvass preceding the 
election? Riot at Clinton? Appeal to the President for assistance? 
His refusal? Attempt to organize colored troops? Result of the 
election? Election of Democratic nominees for Congress ? Represen- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



227 



tative from the " Shoe-string " District? Democratic majority in the 
State Legislature? Feeling throughout the State regarding the elec- 
tion? How was the general joy manifested? Work of the Legisla- 
ture? Resolution offered by General Featherstone ? Its adoption? 
Committee of investigation ? Witnesses summoned ? Report of the 
investigating committee? Secret session of the House? Its report? 
Articles of Impeachment against Ames? By what majority were they 
adopted in the House? Proceedings of the Senate? Resignation of 
Ames? Who assumed the duties of Governor of the State? 




W " 



228 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XXXVIII. 

1876. 

1. Governor Stone entered the service of the Confederacy, 
as captain of a company of Mississippi volunteers, about 
the 1st of May, 1861. He was attached to the Second 
Mississippi regiment, commanded by Colonel W. C. Faulk- 
ner, and proceeded to Harper's Ferry, thence with his regi- 
ment to Manassas Junction, participating in the great battle 
of July 21, 1861. 

2. On the 16th of April, 1862, the regiment was reorgan- 
ized at Yorktown, Virginia, and Captain Stone was elected its 
Colonel. In this capacity he continued to serve until the 
close of the war, participating in most of the important 
battles in which the Army of Northern Virginia was engaged ; 
was captured at Salisbury, North Carolina, on the 1st of 
April, 1865, by General Stoneman's command, and carried 
to Camp Chase, Ohio, and from thence to Johnson's Island, 
where he remained a prisoner until the 25th of July of that 
year. Returning to his home at Iuka, Mississippi, he 
remained until the general election in 1869, when he was 
elected to the State Senate for a term of four years. In 
1873 he was re-elected, and at the session of 1876 was 
chosen President of the Senate, and from thence succeeded 
to the Governor's chair. 

3. T. W. Cardozo, colored, Superintendent of Public 
Education, resigned his office on the 21st of March, 1876, 
articles of impeachment having been presented against him 
by the House of Representatives. The Legislature, after a 
long and laborious session, completed its labors on the 15th 
of April, and adjourned. 

4. The wise and prudent legislation of this session, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 229 

together with the spirit of retrenchment and reform that 
pervaded every department of the State government, 
restored public confidence to a great extent, the people 
realizing that a new era in the financial history of the 
country had begun. 

At the beginning of the year 1875, State warrants were 
worth from seventy-five to eighty-five cents on the dollar. 
At the close of the session of 1876, these warrants had 
risen to ninety-five cents, and by the next meeting of the 
Legislature were worth dollar for dollar. 

5. In 1875, the expenditures of the Executive Department 
of the State were $33,947.30 ; for the year 1876 they were 
$30,340.69. Those of the Legislative Departments for the 
same years were, respectively, $ 1 18,624. 30 and $ 100,854.73, 
making a decrease for 1876 of $17,769.66. The total de- 
crease in the disbursement of State warrants in 1876, as 
compared with the previous year, was $311,891,855. 

6. In 1876, a tax of six and one-half dollars was levied on 
every thousand dollars' worth of property for State pur- 
poses. In 1875 this levy had been forty-two per cent, 
greater. The practical results of the reform inaugurated by 
this Legislature were felt immediately by the tax-payers of 
the State. 

7. Up to the 1 st day of December, 1876, the State had, 
since the last meeting of the Legislature, paid the sum of 
$137,400 of her bonded debt, and $41,824 interest on the 
same, besides canceling certificates of indebtedness to the 
amount of $122,504. The total amount of indebtedness 
of the State at the close of the year 1876 was $1,100,- 
605.22. 

8. The system of public education which had been incor- 
porated with the government of the State was received with 
great favor by the majority of the people. For the year 
1876, the total number of children, of both races, enrolled in 
the public schools was 166,204. The State universities and 



230 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

normal schools were reported to be in a flourishing con- 
dition. 

9. The Exhibition of the United States Centennial opened 
in Philadelphia, Pennsylvania, on the 10th day of May, 
1876. The Legislature of Mississippi, at its last session, 
had organized the "Centennial Board of Managers," that 
the State might be creditably represented at the Exhibition. 
A building was erected at Fairmount Park to serve as head- 
quarters for visitors from Mississippi, which was composed 
of lumber of sixty-eight varieties of timber grown in two 
counties in the State, Pike and Lincoln. The limited time 
and appropriation at the disposal of the Board prevented as 
full an exhibit of our State products and industries as might 
have otherwise been made. The first honors were awarded 
the Mississippi Mills, at Wesson, and the Whitfield Manu- 
facturing Company, at Corinth, for several classes of fabrics 
on exhibition. 

10. In November, 1876, a special election for Congress- 
men was held. Two Republican Senators, Henry R. Pease, 
who had been appointed as the successor of General Ames, 
and B. K. Bruce, appointed March 4, 1875, were represent- 
ing the State at the National Capital. 

11. The members of Congress elected were Henry L. 
Muldrow, from the First District; Van H. Manning, from the 
Second; H. D. Money, from the Third; O. R. Singleton, 
from the Fourth ; Charles E. Hooker, from the Fifth, and 
General James R. Chalmers, from the Sixth. 

12. General J. R. Chalmers, Representative of the Sixth 
District, was a member of a family which had rendered 
distinguished service to the State and Confederacy, his 
father, Hon. Joseph W. Chalmers, having been formerly 
United States Senator from Mississippi, and his brother, 
Judge H. H. Chalmers, at a later day, Chief Justice [of 
Mississippi. General Chalmers graduated at the South 
Carolina College, Columbia, South Carolina, in December, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 231 

185 1. He studied law and was admitted to the bar in 
1853, and was elected District Attorney of the Seventh 
Judicial District of Mississippi in 1858. 

He, with his distinguished cousin, David Chalmers 
Glenn, was elected to the Secession Convention of 1861. 
General Chalmers was made Chairman of the Committee 
on Military Affairs in that Convention. He entered the 
Confederate service as Captain, in March, 1861, and was 
elected Colonel of the Ninth Mississippi regiment in April, 
1861. In February, 1862, he was promoted to the rank of 
Brigadier-General. At the battle of Shiloh his brigade was 
noted for the brilliant service performed on the field of 
action. General Chalmers was ordered by General Bragg 
to make the last charge on that fateful day, and succeeded 
in driving the enemy precipitately before him. Just at the 
moment when his brave Mississippians had secured victory 
at such a fearful cost, the order to retire was given and the 
day was lost. In 1863, General Chalmers was transferred 
to the cavalry service. 

His command consisted of the First Division of Forrest's 
Cavalry Army Corps, composed of Armstrong's, Adams', 
and Starke's brigades. General Chalmers was a member 
of the State Senate previous to his election to Congress in 
1876. 

13. The Legislature, which met in January, 1877, con- 
tinued the policy of retrenchment and reform adopted by 
the preceding session. Governor Stone was renominated 
by the Democratic State Convention, and was elected with- 
out opposition for a term of four years. W. H. Sims was 
elected Lieutenant-Governor ; Kinloch Falconer, Secretary 
of State; Sylvester Gwin, Auditor of Public Accounts; 
T. C. Catchings, Attorney-General ; W. L. Hemingway, 
Treasurer, and General James A. Smith, Superintendent of 
Public Education. 

14. Governor Stone was inaugurated on the 10th of 



232 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

January, 1878. His inaugural address was an honest, 
manly declaration of the principles actuating his official life. 
The following extract is significant of the time in which it 
was delivered : 

" No problem in politics was ever allotted to any people more difficult 
than that which the State of Mississippi, in common with her sister 
States of the South, is now called upon to solve. Can a government, 
based upon unlimited suffrage, be successfully carried on between two 
races, the most antagonistic on earth, which, while according equal 
rights to each, shall tend to the common prosperity and happiness of 
both? * * * Upon one point all good men will agree: There must 
be absolute and perfect protection to life, liberty, and property. The 
government that fails to give this is unworthy of the name. The 
humblest citizen of the State, no matter how poor or how ignorant, 
must feel that over his hut the law throws its mantle, and that he who 
dares to wrong him will feel the vengeance of the law's ministers. 
There must be no toleration of wrongs and injuries inflicted upon those 
who are too weak to defend themselves. It was for the defense of the 
weak that governments were organized and laws enacted." 

15. Owing to the financial crisis of 1877, great distress 
prevailed in many quarters of the State. Although public 
expenditures and taxation had been greatly reduced, the 
people were still heavily burdened by them, and Governor 
Stone advised the Legislature to devise means of reducing 
them to the lowest ebb commensurate with the requirements 
of a good and economical government. 

16. At this session the Legislature paid a fitting tribute to 
the memory of ex-Governor Charles Clarke, who had lately 
died at his home in Bolivar county, in December, 1877. At 
the time of his death he was Chancellor of the district in 
which he lived. 

17. On the 4th of March, 1877, Hon. L. Q. C. Lamar 
had succeeded General J. L. Alcorn in the Senate of the 
United States, having been elected for a term of six years. 

18. In the summer of 1878, Mississippi was visited by 
that dreadful scourge, yellow fever, and before the autumn 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 233 

months had passed, many of the fairest portions of the State 
had been left desolate by its ravages. The fever raged 
violently at Memphis and New Orleans, and the refugees 
from both places scattered it broadcast over our country. 

Grenada, at the southern terminus of the Mississippi & 
Tennessee Railroad, suffered more, in proportion to its size, 
than either Memphis or New Orleans. Whole families were 
stricken down in a single day, in many instances not one 
recovering. The sick were dependent upon the ministra- 
tions of hired nurses ; the dead were buried hastily, without 
the usual funeral rites. 

19. Most of the towns and cities of Mississippi adopted 
quarantine regulations during the prevalence of the fever, 
but the citizens of Holly Springs, with unexampled gener- 
osity, threw open their doors to the flying refugees from 
Grenada and other infected points, thereby imperiling their 
own lives. Within a short time the fever became epidemic 
in Holly Springs also, and many of the best and bravest of 
her citizens fell beneath its ravages. Prominent among 
these were Colonel H. W. Walter and his three sons, who 
showed as much true heroism as was ever displayed upon 
the field of battle. 

Colonel Walter was one of the oldest citizens of Holly 
Springs, was a brilliant and successful lawyer, and a pru- 
dent and conservative politician. He was a member of 
the Whig party as long as that organization lasted, at one 
time being placed at the head of its ticket for Governor. 
He was a member of the Secession Convention of 1861, and 
upon the beginning of hostilities volunteered his services to 
the Confederacy, and served faithfully as a soldier through- 
out the entire war. The tragic death of this heroic family, 
coupled with that of Hon. Kinloch Falconer, Secretary of 
State, who left his official duties that he might administer to 
the needs of the sick and dying at Holl)' Springs, threw a 
pall of gloom over the entire State. 



234 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

20. The fever raged with unabated severity in many 
portions of the State until cold weather, and the lack of 
victims abated its progress. Effective sanitary regulations 
were at once adopted to prevent the recurrence of the 
dreaded plague. A State Board of Health was organized, 
and other means adopted for the protection of life and health, 
and the prevention of the spread of contagious diseases. 

21. The Congressmen elected in 1878, from Mississippi, 
were Henry L. Muldrow, Van H. Manning, H. D. Money, O. 
R. Singleton, Charles E. Hooker, and James R. Chalmers. 



QUESTIONS ON CHAPTER XXXVIII. 

Give an outline sketch of Governor Stone. What of the resigna- 
tion of Cardozo ? What characterized the legislation of this session ? 
Value of State warrants at the close of 1876? Expenditures of the 
State in 1875? Practical results of the reform inaugurated in 1876? 
Total amount of indebtedness of the State at that time? Universities 
and Normal Schools? Centennial Exhibition? Action of the Legis- 
lature thereon ? Exhibits from Mississippi ? When was a special 
election for Congressmen held ? Members elected ? General James 
R. Chalmers? His services prior to and during the Civil war? Leg- 
islature of 1877? State officers elected? Inaugural address of Gov- 
ernor Stone ? Give the extract quoted. What of the financial crisis of 
1876? Advice of Governor Stone to the State Legislature? Tribute 
to the memory of ex-Governor Clarke? Successor of General Alcorn 
in the United States Senate? The yellow fever epidemic of 1878? 
Quarantine regulations? Fever at Holly Springs? Noble conduct of 
her citizens? Sketch of Colonel H. W. Walter? How long did the 
fever continue its ravages in portions of Mississippi ? Congressmen 
from Mississippi in 1878? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 235 



CHAPTER XXXIX. 



i. The bill for the establishment of an " Agricultural and 
Mechanical College " was passed by the Legislature of 1878, 
and a Commissioner appointed to select a suitable place for 
its location. Starkville, in Oktibbeha county, was selected 
as combining more advantages than any other locality in 
the State. An appropriation was made by the Legislature 
for the establishment and maintenance of the college, which 
is for the endowment of white students only. The tuition 
was made free, and many of the students are enabled in 
part to pay their board and other expenses by working on 
the college farm. All of the students are required to work 
and to learn practical farming. Military discipline is 
enforced. General Stephen D. Lee, a graduate of West 
Point, and one of the bravest and most skillful of Confed- 
erate officers during the war, was made president of the 
college. 

2. The cotton crop of Mississippi for 1879-80 was 955,808 
bales. The corn crop for the same year amounted to 
21,340,800 bushels. The number of manufactories in the 
State in 1870 amounted to 1,731. In 1880, the number 
had increased to 2,331, employing 7,845 hands. The 
principal articles manufactured in the State are lumber, 
cotton and woolen goods, cotton yarns, cotton-seed oil, 
agricultural implements, wagons, brick, iron castings, and 
machinery. The principal factories are situated at Wesson, 
Natchez, Corinth, Enterprise, Water Valley, Carrollton, 
Canton, Bay Springs, and Ulmanville, near Bay St. Louis. 

3. The United States Government has for sale in this 
State about 3,500,000 acres of land, and the State Govern- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 237 

ment holds about 34,000 acres of the Chickasaw School 
land and 22,000 acres of internal improvement land. In 
1879, about 1,300,000 acres of bottom lands were sold by 
the Levee Commissioners of Lands, and during the same 
time about 500,000 acres of Government lands were sold. 

4. By the beginning of the year 1880, the public-school 
system, which had been incorporated with our Government, 
had taken firm hold of the people of the State. The 
Legislature of 1882 fixed the State tax at two and a half 
mills, including the tax to pay principal and interest on the 
State bonds. January 1, 1882, the State debt was $324,415, 
with more than funds enough in the treasury to pay the 
debt. The bondholders, however, preferred to hold the 
bonds. 

5. On the 3d of March, 1881, General J. Z. George was 
elected to the United States Senate as the successor of 
B. K. Bruce. He was elected for a term of six years. On 
the 4th of March, 1881, James A. Garfield and Chester A. 
Arthur were inaugurated as President and Vice-President of 
the United States. The canvass preceding this election 
was marked by great excitement. In the fall of 1880, 
Henry L. Muldrow from the First District, Van H. Manning 
from the Second, H. D. Money from the Third, O. R. 
Singleton from the Fourth, Chas. E. Hooker from the 
Fifth, and John R. Lynch from the Sixth, were elected to 
Congress. 

6. Governor Stone's administration drew to a close, with 
a State united, prosperous, and happy. The Democratic 
State Convention of 1881 nominated General Robert Lowry 
as his successor. During the war General Lowry distin- 
guished himself for personal bravery on the field of battle, 
commanding the Sixth Mississippi regiment at the battle of 
Shiloh. This regiment suffered a greater loss of men on 
that bloody field than any other command on either side. 

7. The following officers were nominated on the same 



238 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ticket with General Lowry : For Lieutenant-Governor, D. 
G. Shands ; Secretary of State, H. C. Myers ; Treasurer, 
W. L. Hemingway ; Attorney-General, T. C. Catchings ; 
Superintendent of Public Education, General J. A. Smith. 

8. The summer of 1881 witnessed the tragic conclusion 
of the life of President Garfield. While standing in a rail- 
way station, preparatory to leaving Washington City for 
the sea-side, in July, 188 1, he was shot by an assassin, 
Charles J. Guiteau, and, after a long and painful illness, 
died from the effects of the wound. His death was sincerely 
mourned by the people of the United States, the Southern 
people sharing, with those of other sections of the country, 
regret over his untimely death. The assassin feigned 
insanity to escape punishment, but, after an imprisonment 
of nearly one year, he was tried and found guilty of murder, 
and in June, 1882, was executed by hanging. 

9. After the death of President Garfield, in September, 

1 88 1, Vice-President Chester A. Arthur assumed the duties 
of President of the United States. President Garfield had 
been anxious for a thorough restoration of friendly feeling 
between the people of the North and South, and was very 
hopeful that it would be accomplished during his administra- 
tion. His successor entered fully into the spirit of his 
cherished purposes, and an era of good feeling between the 
North and South dates from Garfield's death. 

10. The Republican party in Mississippi placed no ticket 
in the field for the election of State officers in 1881. The 
Greenback party, which had been recently organized and 
had many adherents, formed a ticket with Benjamin King at 
its head for Governor. The Democrats, however, swept 
the State, every officer on the State ticket being elected. 
Governor Lowry assumed the duties of his office in January, 

1882. Ex-Governor Stone retired to private life, carrying 
with him the love and respect of all classes of the people. 

11. The opening months of 1882 were signalized by an 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 239 

unprecedented overflow of the Mississippi river and its 
tributaries. From the mouth of the Ohio river to New 
Orleans, the Mississippi overran the levees and spread its 
waters over the adjacent lands, carrying ruin and devasta- 
tion in its track. No previous overflow had been so great 
in extent or so disastrous in its consequences. The country 
along the river valley, over which the waters spread, rivals 
the famous valley of the Nile in productiveness, being made 
up of layer after layer of fertile soil, the deposit of many 
centuries. It had well repaid the efforts of agriculturists to 
cultivate it, and was capable of sustaining a much greater 
population than really occupied it. 

12. It would be impossible to describe the sufferings and 
losses sustained at this period by the inhabitants of the over- 
flowed districts. Many lives were lost and millions of dollars' 
worth of property destroyed. Many homeless and starving 
people were rescued from the submerged plantations by 
steamers, which penetrated the country for that purpose. 
Clothes, food, and medicine were provided for the sufferers 
by the Government and by private subscription, the people 
of the North and South vying with each other in generosity. 
The Legislature of Mississippi appropriated fifteen thousand 
dollars for the relief of the sufferers from the flood. Henry 
L. Muldrow, James R. Chalmers, E. Jeffords, H. D. Money, 
Otho R. Singleton, H. S. Van Eaton, and Ethelbert Barks- 
dale were elected to Congress on the 7th of November, 1882, 
the representation in Congress having been increased from 
six to seven members. 

13. For 1883, the Auditor's report showed the valuation 
of real and personal property in the State to be $126,754,- 
927. The assessment for that year showed an increase of 
$20,556,227 over the valuation in 1879, when land was last 
assessed. The expenditures for 1883 amounted, in the 
aggregate, to $836,499.90. The State Board of Immigration 
and Agriculture, through its commissioner, E. G. Wall, had 



240 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

done much toward developing the resources of the country 
by its published reports, which, finding their way to the 
North and West, were the means of inducing a superior class 
of immigrants to settle in many portions of the State. 

14. In June, 1883, the trustees opened the doors of the 
State University to women, an advanced step which marked 
the progress of new ideas in the State. This step was 
recommended by the State Teachers' Association, a body 
which, meeting annually at the capital of the State, wields 
an important influence over, the educational interests thereof. 
There was, and still is, a very strong sentiment in the State 
against the co-education of the sexes, though the plan 
received the indorsement of many of the ablest and most 
experienced educators in the State. 

15. The Agricultural and Mechanical College at Starkville 
was, from the first, crowned with a remarkable degree of 
success in its peculiar field of labor. A very large number 
of students attend yearly, and during the first three years 
of its existence the college received from the sale of the sur- 
plus produce of its farm and dairy $7,447.44. The Legis- 
lature of 1882 passed an Act for the erection of the " East 
Mississippi Insane Asylum," and by the month of October, 
1883, the building was completed and in successful opera- 
tion. It was located at Meridian. The same Legislature 
appropriated a sum for the establishment of an institution 
for the care and instruction of colored deaf mutes. 



QUESTIONS ON CHAPTER XXXIX. 

What of the establishment of the "Agricultural and Mechanical 
College ? " Appropriations and requirements for same? Its President? 
Cotton crop of Mississippi in 1879-80? Corn crop? Other statistics? 
Government lands? Levee Commissioners? Public-school system in 
1880? State tax in 1882 ? State debt? Who was elected to the Sen- 
ate of the United States to succeed B. K. Bruce? Presidential election 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



241 



of 1880? Congressmen from Mississippi in 1880? What of the 
administration of Governor Stone? Nomination of General Lowry 
as his successor? Sketch of his life? State officers elected at the same 
time? Assassination of President Garfield ? His murderer? Successor 
to Garfield ? The era of good feeling between the North and South ? 
Did the Republicans place a ticket in the field in Mississippi in 1881 ? 
What of the Greenback party? Its nominee for Governor? Success 
of the Democratic party and inauguration of Governor Lowry? Dis- 
astrous overflow of the Mississippi in 1882? Sufferings occasioned 
thereby? Government aid .for the sufferers? Auditor's report for 
1883 ? State Board of Immigration and Agriculture? What advanced 
step was taken by the Trustees of the State University in 1883. Suc- 
cess of the Agricultural and Mechanical College? Erection of the 
" East Mississippi Insane Asylum." 




12 



242 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XL 

1884. 

1. The Legislature of Mississippi, which, since 1878, had 
met biennially, convened in Jackson on the 8th of January, 
1884. The Governor's message ' recapitulated the rapid 
progress made by the State in all material advantages since 
the re-establishment of law and order by the election of 
home rulers. The census of 1880 had been issued to the 
public, and showed a marvelous progress in the wealth and 
industries of Mississippi. All the lands forfeited to the State 
for taxes had either been redeemed or purchased, except 
about 700,000 acres. 

2. Within the last two years alone 461,873 acres had 
been purchased, through the Auditor's office, from the State, 
showing the growing confidence of the people in the State's 
future. A reduction in the State debt and the rate of taxa- 
tion and yearly expenditures had also been accomplished, 
without detriment to the public service or neglect of the 
different charitable and educational institutions. The older 
institutions had been liberally sustained and new ones estab- 
lished. 

The Legislature of 1884 passed a bill providing for the 
regulation of freight and passenger rates on railroads in 
Mississippi, and created a commission to supervise the same, 
and for other purposes. Ex-Governor Stone was a member 
of the first Railroad Commission. 

3. The prohibition of the sale of intoxicating liquors 
excited much attention at this time, and the Legislature was 
memorialized in regard to the movement upon several differ- 
ent occasions. Efforts were also made at different times to 
ally the prohibition movement with different political parties, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 243 

but the leaders in the temperance crusade very wisely held 
themselves aloof from the entanglements of politics. 

4. Hon. J. F. H. Claiborne, the author of " Mississippi as 
Province, Territory, and State," was invited, during this 
session of the Legislature, to deliver a eulogy upon the life 
of his deceased colleague, S. J. Gholson. Mr. Claiborne's 
own death, which occurred not many months afterward, was 
a source of deep regret to the people of the entire State, 
especially as his invaluable labors in behalf of an authentic 
history of the State were not completed. 

After his death, his residence, containing the manuscript 
for his second volume of the "History of Mississippi," was 
destroyed by fire, so that his great work must forever 
remain incomplete. Besides his "History," Mr. Claiborne 
was the author of several biographical works of acknowl- 
edged merit. He was a graduate of the University of 
Mississippi, and that institution, a short time previous to 
his death, conferred upon him the degree of LL.D. 

5. The Legislature at this session re-elected Mrs. Mary 
Morancy, the efficient State Librarian, who held the position 
until 1890. The Law Library of Mississippi, in point of 
excellence, stands third on the list of those in the United 
States. 

6. The bill for the establishment of an Industrial College 
for the white girls of Mississippi was passed by this session 
of the Legislature. The Commissioners appointed for the 
selection of a suitable locality for the Institute, decided upon 
Columbus, in the eastern portion of the State. The citizens 
of that place made very liberal donations to the enterprise. 
Handsome buildings were erected by the State, efficient 
instructors in literature and the industrial arts were em- 
ployed, and the most improved appliances for a thorough 
and practical education were furnished the Institute. Pro- 
fessor R. W. Jones, of the University of Virginia, was 
elected President. Dr. Jones was for years connected with 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 245 

the State University, and occupies a foremost place among 
the leading educators of the land. The plan of this school 
originated with a Mississippi woman, Mrs. Annie Peyton, 
of Hazelhurst. Believing in the practical, as well as the 
higher, education of her sex, Mrs. Peyton labored unceasingly 
with her pen to arouse public opinion upon this vital ques- 
tion, and her labors were finally crowned with success. 



QUESTIONS ON CHAPTER XL. 

Meeting of the Legislature in 1884? What of the Governor's 
Message? The census of 1880? Lands purchased from the State? 
Reduction in the State debt and public expenditures? What of the 
different charitable and educational institutions? Creation of the 
Railroad Commission ? What of the Prohibition movement in the 
State? Death of Hon. J. F. H. Claiborne? His " History of Missis- 
sippi?" Election of Mrs. Morancy as State Librarian? Bill for the 
establishment of an Industrial Institute for the white girls of Missis- 
sippi? Location of the Industrial Institute and College? Its first 
President ? With whom did the plan of this school originate? 




246 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XLI. 

i 884-1 88 5. 

1. In the summer of 1884, the National Democratic Con- 
vention met at Chicago and nominated for the offices of 
President and Vice-President of the United States, Grover 
Cleveland, of New York, and Thomas A. Hendricks, of 
Indiana. The Republican National Convention nominated 
for the same high offices, James G. Blaine, formerly Secre- 
tary of State under President Garfield, and General John A. 
Logan, of Illinois. 

2. The canvass preceding the election was a very exciting 
one, and partisan feeling rose to a very high pitch. The 
result of the election showed that the Democrats had gained 
a brilliant victory, and for the first time in twenty-five years 
they were enabled to elect the President of the United 
States. 

3. In December, 1884, the " World's Industrial and Cot- 
ton Centennial Exposition" was opened at New Orleans. 
It was conducted under the auspices of the United States, 
the National Cotton Planters' Association of America, and 
the City of New Orleans. Mr. F. S. Morehead, President 
of the National Cotton Planters' Association and editor of 
the Planters' Journal, published at Vicksburg, was one of the 
leaders in the inauguration of this great enterprise. 

4. A liberal appropriation was made by the Legislature of 
Mississippi for the representation of the State at the exhibi- 
tion. Commissioners were appointed to preside over the 
various departments, and the result was a display of the 
productions of Mississippi that was highly gratifying to State 
pride. ''Mississippi Day" was observed during the con- 
tinuance of the Exposition with appropriate ceremonies. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 247 

Addresses were delivered by the Governor and Lieutenant- 
Governor of the State in the presence of thousands of her 
own citizens and those of other States. 

5. The members of Congress elected from Mississippi on 
the 4th of November, 1884, were John M. Allen, James B. 
Morgan, Thomas C. Catchings, F. G. Barry, O. R. Single- 
ton, H. S. Van Eaton, and Ethelbert Barksdale. Major 
Barksdale had long been prominently identified with the 
public interests of the State by his editorial connection with 
its leading newspapers, first the Mississippian and afterward 
the Clarion, both published at Jackson. The Clarion, for a 
long time the organ of the State administration, is one of the 
most vigorous and successful papers in the South. The 
present editor, Colonel J. L. Power, is widely known for his 
philanthropy and public spirit. 

6. On the 4th of March, Grover Cleveland was inaugu- 
rated President of the United States of America. In the 
selection of his Cabinet, L. Q. C. Lamar, then representing 
Mississippi in the Senate of the United States, was placed at 
the head of the Department of the Interior. 

The death of Hon. Jacob Thompson, who had been Sec- 
retary of the Interior during Buchanan's administration, 
occurred in the spring of 1885. 

7. On the 4th of March, 1885, General E. C. Walthall 
succeeded Mr. Lamar in the Senate of the United States. 
General Walthall, as an officer of rare bravery and ability, 
had served the varying fortunes of the Confederacy through- 
out the entire four years of the war. At the battle of 
Fishing creek, on the 10th of January, 1862, as Lieutenant- 
Colonel of the Fifteenth Mississippi regiment, he achieved an 
enviable reputation. The brave Fifteenth, with a Tennessee 
regiment, led the attack on the enemy, driving them again 
and again from their entrenchments. Out of four hundred 
men engaged in this battle, Colonel Walthall's regiment lost 
two hundred and twenty-four. In 1862, he was elected 



248 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Colonel of the Twenty-ninth regiment, and was afterward 
promoted for gallantry of conduct, holding at the close of the 
war the rank of Major-General. 

8. On the 23d of July, 1885, General U. S. Grant died at 
Mt. McGregor, New York. 

The Democratic State Convention met in Jackson on the 
19th of August, 1885. 

Great unanimity prevailed among the members of this 
convention. Governor Lowry and Lieutenant-Governor 
Shands were renominated by acclamation. Governor 
Shands, although a young man, has gained an enviable dis- 
tinction as a statesman and patriotic citizen, and doubtless 
the future annals of the State will be adorned with his name 
and achievements. George M. Govan was nominated for 
the office of Secretary of State ; W. L. Hemingway, for 
Treasurer ; W.W. Stone, Auditor ; T. Marshall Miller, Attor- 
ney-General, and J. R. Preston, Superintendent of Public 
Instruction. 

9. The platform of the Democratic Conservative Conven- 
tion of 1877 and 1881 was reaffirmed by this Convention. 
Its declaration of principles is as follows : 

First: Fidelity to the Constitution of the United States. 

Second: Home rule and the preservation of the State Gov- 
ments, with all their reserved and guaranteed rights unim- 
paired. 

Third: No interference by the military power with the 
freedom of elections, and with the civil and political rights 
of citizens of the United States. 

Fourth: The protection of the equal rights of all classes 
and the prompt, vigorous, and impartial administration of 
the criminal laws, and to this end we exhort judges, peace 
officers and jurors — grand and petit — to vigilance, fidelity, 
and promptness. 

Fifth: No discrimination on account of race, color, or 
previous condition of servitude or birth-place, and no special 



HISTORY OF MISSISSIPPr AND CIVIL GOVERNMENT. 249 

legislation for the benefit of the few at the expense of the 
many. 

Sixth: A strict adherence in the selection of public agents 
to the time-honored Jeffersonian standard, "Is he honest, is 
he capable, is he true to the Constitution ? " 

Seventh: A continuation of the policy of retrenchment 
and reform so signally inaugurated by the Democratic party. 

Eighth: Reduction of the burthen of taxation to the 
lowest point compatible with an efficient execution of the 
law. 

Ninth: Corporations of every description supervisable, 
within constitutional limits, by State authority and subordi- 
nate to State legislation, in the interest and for the protec- 
tion of the people. 

Tenth: As the perpetuity of free government depends 
upon the virtue and intelligence of the people, we pledge 
ourselves to the maintenance of our State system of free 
schools. 

Eleventh: We favor the granting of such aid as may be 
extended without violation of the Constitution of the United 
States, or departing from the established usages of the Gov- 
ernment, to the rebuilding and keeping in repair of the 
levees of the Mississippi river. 

Twelfth: That upon this platform of principles and of 
public policy, we invite the co-operation of all citizens, with- 
out regard to past differences, in support of the candidates 
nominated by this Convention. 

Thirteenth: That we declare it to be the policy of the 
Democratic-Conservative party to encourage the flow of 
immigration to this State, and recommend the passage of all 
needful laws and the making of all necessary appropriations 
to effect this end. 

Fourteenth: That we invite the investment of capital, and 
assure it all necessary legal protection. 

io. The Republican Executive Committee met in Jackson 



250 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

this year, but in view of the entire unanimity among mem- 
bers of the Democratic party, decided to place no ticket in 
the field. The platform of the State Convention was 
adopted by the county conventions of the Democratic party, 
and in November, 1885, the party gained a sweeping vic- 
tory, electing the entire ticket, nearly all the members of 
the Legislature, and, with very few exceptions, the county 
officers. The election passed off quietly, peace and order 
prevailing at the polls. 

11. The opening of the Industrial Institute and College 
for girls occurred in the fall of 1885, marking an era in the 
history of education for women in Mississippi. Over three 
hundred girls entered the school at the beginning of the first 
session. 

12. Thursday, the 26th of November, 1885, was very 
generally observed in Mississippi as a National Thanks- 
giving Day, in accordance with proclamations issued both 
by the President of the United States and the Governors of 
the States. In the midst of the general rejoicing in all 
portions of the Union, the sad intelligence of the death of 
Vice-President Hendricks, at his home in Indianapolis, 
flashed over the wires. His death was sudden and unex- 
pected. He was buried in Indianapolis with fitting honors. 



QUESTIONS ON CHAPTER XLI. 

Where did the National Democratic Convention of Mississippi meet 
in 1884? Its nominees ? The Republican Convention of the same year 
and its nominees? Results of the election? What of the World's In- 
dustrial and Cotton Centennial Exposition of this year? Appropria- 
tion by the Legislature of Mississippi ? Members of Congress from 
Mississippi elected this year? Major Barksdale? The Clarion? 
Colonel J. L. Power? Inauguration of President Cleveland? To 
what place in his Cabinet was Mr. Lamar elected? Death of Jacob 
Thompson? Who was Lamar's successor in the United States Senate? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



251 



Sketch of General Walthall ? When did the death of General U. S. 
Grant occur ? Meeting of the Democratic State Convention ? Re-nom- 
ination of Governor Lowry? Lieutenant-Governor Shands? Other 
State officers? What platform was re-adopted by this Convention! 
Give the main points in its declaration of principles? Why did the 
Republicans decide to put no ticket in the field this year? Opening oi 
the Industrial Institute and College? What does it mark in the history 
of the State? Death of Vice-President Hendricks? 




252 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XLII. 

1886-1887. 

1. The Legislature of Mississippi met in January, 1886. 
The most important enactments of this session were changes 
made in the existing School Law and the adoption of a 
Local Option Law, compelling each county to decide by a 
popular vote whether or not the sale of intoxicating liquors, 
as a beverage, should be prohibited. 

The adoption of the Local Option Law and its subsequent 
enforcement in many counties of the State have given very 
general satisfaction. 

The Woman's Christian Temperance Union of Mississippi, 
a branch of the National W. C. T. U., organized by Miss 
Frances E. Willard, held its first annual convention in Sep- 
tember, 1886, in the Hall of Representatives, State House, 
Jackson. 

2. The agitation of the "Convict Lease System," about 
this time, resulted in the awakening of public opinion to a 
sense of the enormities practiced upon the unfortunate crimi- 
nals condemned to undergo penal servitude. 

3. The Public School System of Mississippi is unsurpassed 
by that of any other State in the Union. Some of its 
essential features are : A Superintendent of Public Educa- 
tion,' who is elected at the same time and in the same man- 
ner as the Governor of the State. Holding his office four 
years, he has the general supervision of the common schools 
and the educational interests of the State. A State Board 
of Education consists of the Secretary of State, the Attorney- 
General, and the Superintendent of Public Education. 

4. A Superintendent of Public Education in each county is 
appointed by the State Board of Education, by and with the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 253 

consent of the Senate, for a term of two years. A public 
school or schools must be maintained in each school district 
for at least four months in each year. Each school district 
must contain twelve square miles and forty-five educable 
children. Institutes for the improvement of teachers, under 
the direction of the State Superintendent, must be held 
monthly in each district. 

5. The Common School Fund arises from the proceeds of 
lands belonging to the State, lands forfeited for taxes, the 
proceeds of all fines collected for any breach of the penal 
laws, and all moneys received for licenses granted under 
the laws of the State for the sale of intoxicating liquors, for 
all moneys paid as an exemption from military duties, all 
funds arising from the consolidation of the Congressional 
township funds, and the lands belonging thereto, together 
with all moneys donated for school purposes. 

The leasing of the " sixteenth section school lands," and 
the interest of the "Chickasaw" school fund, form an 
important part of the amount distributed each year to the 
common schools of the State. The Chickasaw school fund, 
however, is distributed only in the Chickasaw counties. 
An incorporated town of seven hundred and fifty or more 
inhabitants constitutes a separate school district. 

6. The law requires that the funds for the support of the 
common schools shall be collected in the legal currency of 
the United States and paid into the treasury, to be distrib- 
uted pro rata among the educable children of the State. The 
Legislature is also empowered to levy a poll tax, not exceed- 
ing two dollars a head, in aid of the school fund. All chil- 
dren between the ages of five and twenty-one years are 
entitled to the benefit of the public schools. 

7. The autumn of 1887 found the people of Mississippi in 
a prosperous condition, evidenced by the rapid development 
of the resources of every section of the State. The labor 
system was each year becoming more adapted to the condi- 



254 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

tions existing in the State ; the crops were more diversified ; 
stock-raising and kindred pursuits were assuming prominent 
importance in the agricultural world, and lands which had 
heretofore found only limited sale, were now attracting 
attention on account of their timber and agricultural value. 
Seekers for new homes were attracted by the fine resources 
of the State, and capital poured in from every direction. 

8. The credit of the State improved rapidly, and evidences 
of prosperity and improvement were seen on every hand. 
The negroes of the State, contented and happy, showed no 
disposition to leave the good old cotton State, the land which 
had given them birth and which repaid their efforts in such 
generous proportions. 

9. In October, 1887, the enthusiasm of the people of the 
South was aroused in an unparalleled manner by a visit from 
President Cleveland, his wife, and members of his Cabinet. 
Though Mississippi had not the honor of receiving them on 
her own soil, a large number of her citizens participated in 
the welcome accorded them by other States. The President 
and party reached Memphis, Tennessee, on the 14th of 
October, 1887, and on the following day, October 15th, an 
event occurred which cast a gloom over the Presidential 
party, over the assembled thousands, and particularly over 
the hearts of all Mississippians present. This was the 
sudden death of Judge Henry T. Ellett, formerly a citizen of 
Mississippi, and endeared to her people by a thousand ties. 
He died while in the act of delivering, in behalf of the 
people of the South, a most eloquent address of welcome to 
the President of the United States. 

10. Henry T. Ellett was born in New Jersey, and gradu- 
ated with distinction from Princeton, in that State. After 
having obtained license to practice law, he removed to 
Mississippi, where he spent the best years of his life. He 
was the contemporary of Sharkey, Prentiss, Clarke, and 
Quitman, and during his long and eventful life represented 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



255 



Mississippi in the State Senate, on the Supreme Bench, and 
in the Congress of the United States. At the commence- 
ment of the Civil war he was offered a seat in the Confed- 
erate Cabinet by President Davis, but, preferring private 
life, declined. At the close of the war, being unwilling to 




JUDGE HENRY T. ELLETT. 



take the infamous "Test Oath" required by the military 
governor of Mississippi, he removed to Memphis, Tennessee, 
where he spent the remainder of an honored and useful life. 
At the time of his death he was Chancellor of the district in 
which he lived. Public meetings were held in every portion 
of Mississippi, expressing sorrow at the death of Judge 
Ellett and passing resolutions of respect to his memory. 

ii. While Mr. Cleveland was making his triumphal tour 
over this great country, Jefferson Davis, ex-President of 
the Confederacy, was revisiting some of the scenes of his 



256 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

former triumphs. At the request of Confederate veterans, 
he attended a review at Macon, Georgia, on the 26th of 
October, 1887. As this was probably the last appearance 
of the " Sage of Beauvoir," the following account of the 
remarkable scene that transpired is copied from the tele- 
graphic reports : 

12. " The especial feature of the celebration at Macon was 
the review of Confederate veterans by their old President. 
Mr. Davis, with his family and a number of distinguished 
Georgians, was sitting on a porch overlooking the vast 
grounds at Mulberry Hill when the procession wheeled into 
the front carriage gate, intending to pass close by Mr. Davis 
and out at the rear gate, but the crowd had soon swarmed 
over the fence and filled the entire front lawn completely 
full. Every man was struggling to push nearer to the 
porch, and every voice was straining to be heard above 
every other voice, shouting, ' Hurrah for Jeff. Davis ! ' 
The arrangements that had been made for reviewing the 
veterans could not be carried out. What the crowd wanted 
to see was Jeff. Davis himself, touch him, if possible, and 
prostrate itself at his feet. The old veterans broke ranks 
and began climbing upon the porch. The policemen tried 
to pull them down, but they shouted that ' all the policemen 
in Georgia could not keep them from shaking hands with 
Jeff. Davis.' " 

13. Mr. Davis, whose seventy-nine years have left him 
in a very feeble state, made desperate efforts to shake hands 
over the porch railing with everybody whom he could reach. 
Long-haired, unkempt veterans crawled right up on the 
shoulders of the men in front of them, regardless of every- 
thing but their purpose of shaking hands with Jeff. Davis. 
But the enthusiasm was at its height when somebody 
handed the ragged battle-flag of the Third Georgia regiment 
over the heads of the crowd. Mr. Davis grasped the tatters 
of the flag and pressed them to his lips. This was the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 257 

signal for the most violent breaking forth. The air was full 
of such expressions as "God bless Jeff. Davis," "God 
bless the old flag," and kindred sentiments. The old 
Confederate President waved the battle-torn sign over the 
heads of the people, who applauded madly and cried like so 
many children. When the flag was handed back to the 
multitude, the men snatched all the available tatters and 
pressed them warmly to their lips. 

Soon Mr. Davis arose, and, facing the people, said : 
" Friends and brothers, I am like that old flag, tattered and 
torn by storms and years. I love it for its own sake and 
for yours. I love it as a memento of what your fathers did, 
and what they hoped you would do." This leave-taking of 
an honored chief by the men who fought and bled for the 
" Lost Cause " has no parallel in history. Jefferson Davis 
embracing the tattered flag that had so often led onward to 
victory, was dearer to the hearts of his countrymen than 
when he stood at the head of the proud Confederacy. 

No Mississippian can contemplate without emotion the 
Last Farewell of Jefferson Davis. 



QUESTIONS ON CHAPTER XLII. 
What were the most important enactments of the Legislature of 
1886? What of the Local Option Law? The Woman's Christian 
Temperance Union ? The agitation of the " ConvicfLease system ? " 
The Public School system of the State? What of the State Board of 
Education ? County Superintendents ? School districts ? The Com- 
mon School fund? The "Sixteenth Section" and the "Chickasaw 
School fund?" Separate School Districts? Collection of Common 
School funds? Close of the year 1887? The labor system of the 
State? Immigration to the State? The credit of the State? The 
Negroes? What of President Cleveland's visit to the South in 1887? 
His reception in Memphis? Sudden death of Judge Henry T. Ellett? 
Sketch of his life? What of the travels of Mr. Davis through some of 
the Southern States? The review at Macon, Georgia? Especial 
features of the celebration? Describe the scene that ensued as the 
Confederate veterans caught sight of Jefferson Davis. 



258 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XLIII. 

1888-1890. 

1. By the year 1888, that large and respectable associa- 
tion, known as the "Farmers' Alliance," had assumed 
immense proportions, for with all that had hitherto been 
done for them by the State, there was still a feeling of 
dissatisfaction among the farmers of Mississippi, the class 
that constitutes the very bone and sinew of our State. 
County and neighborhood alliances sprang into existence all 
over the State. The Alliance of Mississippi, as a body, 
eschews politics, and has thus far affiliated harmoniously 
with the Democratic party. 

2. In 1888 began the great political campaign in which 
the election of a President of our great nation was involved. 
The administration of Mr. Cleveland, the first Democratic 
President since the war, had been eminently satisfactory to 
his own party, and, indeed, to the country at large, with the 
exception, of course, of disappointed politicians. His entire 
administration was in consonance with the memorable 
words in which he summed up his opinion, "Public office 
is a public trust." 

3. During the summer of 1888, the Democrats re-nomi- 
nated President Crover Cleveland to be his own successor, 
placing with him on the ticket, for the office of Vice-Presi- 
dent, that time-honored veteran, Allen G. Thurman, of 
Ohio. The candidates for the Republican party were : For 
President, Benjamin Harrison, of Indiana, a grandson of 
William Henry Harrison, a former President of the United 
States; for Vice-President, Levi P. Morton, of New York. 
The chief issue in this campaign was the "tariff," and it has 
been called the "educational campaign," from the fact that 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 259 

the American people had been taught to consider the great 
questions affecting their welfare, as wages, profits, con- 
sumption, exchange, and other subjects, in which the inhab- 
itants of a great industrial and commercial nation held vital 
interests. 

4. The party of which Mr. Cleveland was the exponent 
took the position that the tariff was a tax, and that the 
accumulation of a surplus of money in the Government 
treasury was evidence that the people were being unneces- 
sarily taxed, and that a reduction of the tariff was best for 
the business interests of the country. The Republican 
party opposed any reduction that would interfere with the 
protective features of the existing tariff. The election in 
November demonstrated the fact that the friends of protec- 
tion had greatly increased in numbers and were more widely 
distributed than when the tariff first became a vital issue in 
politics. Harrison and Morton were elected. 

5. During the first years of Mr. Harrison's administration 
a number of occurrences worthy of mention transpired. 
Four new States were admitted to the Union. These were 
North and South Dakota, Washington, and Montana, all in 
the far North-west. The "Samoan Controversy," which 
was settled creditably to the United States, and the opening 
of Oklahoma in the United States, occurred in 1889. On 
the 30th of April, in that year, the one hundredth anni- 
versary of Washington's inauguration as President was 
celebrated in New York, with great pomp and ceremony. 
In the same year, that terrible disaster, known as the 
"Johnstown Flood," occurred. In this terrible disaster, 
thousands of lives and millions of dollars' worth of property 
were destroyed. 

6. In December, 1889, an event occurred that threw a 
cloud of sorrow over the entire South, and especially over 
the people of Mississippi. This was the death of Jefferson 
Davis ex-President of the Confederacy, the melancholy 



260 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

event occurring in New Orleans on the 6th of December, 
1889. Although the death of one at such an advanced age 
was not unexpected, the intelligence sent a thrill of pain to 
every Southern heart. The funeral services, which occurred 
on the nth of December, were very imposing, every State 
in the South, perhaps, sending representative citizens to 
witness the solemn and impressive ceremonies attendant on 
the funeral of the dead chieftian of the "Lost Cause." 

In nearly every town and hamlet in Mississippi funeral 
ceremonies were held on the same day, and the sobs and 
sighs of the attendant audiences testified to the love borne 
by a whole people for their dead leader. It was hoped that 
the body of Jefferson Davis would find a permanent resting- 
place in the soil of Mississippi, the State which had conferred 
upon him the highest honors within the gift of a grateful 
people. Richmond, Virginia, however, having been selected 
by the family of Mr. Davis as the most suitable place, in 
their opinion, for his tomb, the people of Mississippi must be 
content to have his memory entombed within their heart of 
hearts. 

7. In 1887, General James Z. George was re-elected to 
the United States Senate, his term of six years having just 
expired. General E. C. Walthall, in 1885, was appointed 
by Governor Lowry to succeed Senator L. Q. C. Lamar, 
who had been first appointed Secretary of the Interior in 
President Cleveland's Cabinet, and afterward as Associate 
Justice on the Supreme Bench of the United States. 

The appointment of General Walthall was ratified by the 
Legislature, and he was, at the same session, unanimously 
elected to fill out the unexpired term of Senator Lamar. In 
January, 1888, General Walthall was re-elected by the 
Legislature for the full term of six years. 

8. As has been said, Mississippi has the most efficient 
Public School Law of any State in the Union. Under the 
present Superintendent of Public Education, Hon. J. R. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 201 

Preston, there has been a remarkable improvement in the 
educational system of the State. There has been not only 
a marked increase in the enrollment of pupils and in the 
number of schools, but the entire educational interests of the 
State have been lifted to a higher plane> with new life and 
vigor infused therein. Mr. Preston is, in every sense of 
the word, a benefactor to both races residing in Mississippi. 

9. In 1888-89, there were in Mississippi thirty-four sepa- 
rate school districts, and the number of educable children 
therein, of both races, was 35,151, of which number 18,714 
were whites and 16,437 colored. There were 382 teachers 
employed in separate school districts, of which 233 were 
white, with average salaries of $51.84, and 149 colored, with 
average salaries of $31.73. Eight hundred and twenty-six 
school houses were built in 1888-89, the amount expended 
for the same approximating over $300,000. During those 
two years there were erected in the principal towns in the 
State new, commodious, and beautiful buildings, at an aggre- 
gate cost of $190,000. 

10. With Mr. Preston's administration of school affairs a 
new arm of the educational service was added, in the form 
of Monthly Institutes, in which teachers may study and 
qualify themselves for more efficient work in the school- 
room. 

In November, 1889, the election for Governor and other 
State officers took place. After an administration of eight 
years, Governor Lowry retired from office, and was suc- 
ceeded by Governor John M. Stone, a former encumbent of 
the office and a fit representative of the masses of the people 
who elected him. His inauguration took place January 
1, 1890. 

QUESTIONS ON CHAPTER XLIII. 
What of the organization and growth of the Farmers' Alliance? 
County and neighborhood Alliances ? The State Alliance ? Presidential 



262 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



campaign of 1888 ? Democratic administration? Motto of Mr. Cleve- 
land ? Renomination of Mr. Cleveland? Nominee for Vice-President 
on the same ticket? Candidates of the Republican party ? What was 
the principal issue of this campaign ? Why called the educational 
campaign ? What position did the Democratic party take on the tariff? 
Of the Republicans? Which party was successful? First years of 
Mr. Harrison's administration ? What four new States were admitted 
into the Union about this time? What of the " Samoan Controversy ? " 
The opening up of Oklahoma? The centennial of Washington's 
inauguration ? The Johnstown flood ? When and where did the death 
of Jefferson Davis occur ? What of the funeral services ? How was 
the melancholy event observed in Mississippi ? What place has been 
chosen as the final burial place of Jefferson Davis? Re-election of 
Senator George ? Who was elected to fill out the unexpired term of 
Senator Lamar? When was General Walthall elected for the full term 
of six years? What of the present School Law of Mississippi? Hon. 
J. R. Preston ? Some school statistics of 1888-89? Monthly Institutes? 
What of the election of 1889? Inauguration of Governor Stone? 




,^<«^>i^-"' 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 263 



CHAPTER XLIV. 

1. The State of Mississippi extends three hundred and 
thirty-one miles north and south, by one hundred and 
eighteen miles east and west. It contains 46,810 square 
miles. Its general surface is undulating, or hilly, with the 
highest ridges in the extreme north-east. There are four 
nearly level regions : The Mississippi or Yazoo bottom in 
the north-west ; the north-east prairie region, stretching 
along the Alabama State line; the central prairie region, 
extending south of east from Vicksburg ; the coast plain, 
about forty miles wide, in the south-east. The water-shed 
between the waters flowing directly into the Gulf of Mexico, 
or Lake Pontchartrain, and those flowing into the Mississippi 
river, conforms nearly with the diagonal of the State from 
north-east to south-west. 

2. The Mississippi river forms the western boundary of 
the State, winding through a course of five hundred and 
fourteen miles, or about half that. distance in a straight line. 
The Mississippi valley lies below the high-water mark, and 
has to be protected from inundation, in times of floods, by 
embankments or levees built along its banks. When the 
pressure of the water creates a gap in the levee, the waters 
rush through with great violence, carrying everything before 
them, and sometimes giving the inhabitants barely time to 
escape with their lives. When these waters spread out 
over the bottom lands and lose their rapid currents, the mud 
with which they are charged is deposited upon the lands as 
a coating of rich alluvium. Repeated deposits of this kind 
have formed a large portion of the bottom soil. 

3. The Yazoo river is the principal tributary of the 
Mississippi within the State, draining about two-sevenths of 



264 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

its area, or 13,850 square miles. It rises in the northern 
part of the State, its head-waters being Coldwater, Talla- 
hatchie, and Yalobusha rivers. Sunflower river is a western 
tributary of the Yazoo, and traverses Sunflower, Washing- 
ton, and Sharkey counties. 

4. Big Black river and Bayou Pierre, collectively, drain 
about one-seventh of the State (sixty-seven hundred square 
miles). The former is navigable for sixty miles above its 
mouth, the latter to Port Gibson. Tennessee river borders 
the north-eastern corner of the State for about ten miles. 
It is navigable, and drains but four hundred and fifty square 
miles of the State. 

5. Tombigbee, Pascagoula, and Pearl rivers drain almost 
one-half the State to the Gulf of Mexico. The Tombigbee 
is navigable to Columbus, and at some seasons to Aberdeen. 
The Pascagoula and its tributaries are used to float logs 
down to the saw-mills. The Pearl is a long but shallow 
river. 

6. The Lakes: The washing away of the neck in a bend 
of the Mississippi river forms a " cut-off," which soon 
becomes the channel of the river. The entrances to the 
old bed gradually fill up, thus forming one of the many 
crescent-shaped lakes found in the bottom plain. 

These lakes are nothing but portions of the old river-bed, 
though sometimes miles away from the present channel, and 
they show how often the shifting of a channel has occurred 
in the past. 

7. The sea-coast of Mississippi is but eighty miles in 
extent, and is fringed about ten miles from the shoals with 
a chain of low, sandy islands. The sheet of water thus 
enclosed is called Mississippi Sound, which affords a safe 
anchorage for large sea-going vessels, especially inside of 
Ship Island, while the bays at the mouth of the larger rivers 
form harbors for smaller vessels engaged in the coasting and 
lumber trade. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 265 

8. Climate: The climate is mild and generally healthful ; 
snow seldom lies on the ground more than a few days in 
winter, while the summers k though long, are not oppres- 
sively hot. The mean annual temperature varies from sixty- 
three degrees in the north, to seventy degrees in the south. 
The rainfall is very abundant, ranging from forty-six inches 
in the north, to sixty-six inches in the south. About two- 
thirds of the amount of rain falls in the spring and winter. 
The prevailing winds are from the "south and south-west. 
In winter, cold winds from the north-west are not infrequent 
in the Mississippi bottom. 

9. Vegetation: Aside from the limited prairie belts, the 
State is wholly a forest country. In the northern half the 
predominating trees are oaks of various kinds. The sandy 
ridges are occupied by blackjack and post-oaks and short- 
leaf pine, the latter yielding the chief supply of timber for 
building purposes. Where the soil is fertile, the walnut and 
tulip trees are found. 

10. Valuable forests of long-leaf pine cover the southern 
half of the State. These forests yield immense quantities 
of lumber, ship timber, and turpentine. The river bottoms 
throughout the State bear lowland oaks, hickory, gum, ash, 
tulip tree, and in the southern part magnolia. The swamps 
are occupied by a dense growth of cypress and tupelo. On 
the banks of the Mississippi are great numbers of cotton- 
wood and willow trees. 

11. Cotton, corn, and sweet potatoes have long been the 
staple agricultural productions, the first being produced for 
export and the others for home consumption. 

Wheat, oats, peas, beans, sorghum, tobacco, and potatoes 
are also produced, and of late, attention has been paid to 
hay and grass crops. In the southern part of the State, rice 
and sugar-cane are grown. Mississippi raises more cotton 
than any other State in the Union — usually more than one- 
sixth of the entire crop. Most of the cotton is raised in the 



266 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

northern half of the State, especially along the Mississippi 
river and in the valley of the Tombigbee. The manufacture 
of cotton-seed oil \s a growing industry and adds greatly to 
the value of the cotton crop. Large quantities of pine lum- 
ber, turpentine, rosin, and tar are manufactured in the 
southern part of the State. 

12. Fruit trees thrive well in Mississippi. Apples, peaches, 
pears, plums, apricots, grapes, berries, and melons are raised 
in the northern, and oranges, lemons, and other semi-tropical 
fruits in the southern part. Stock is raised for home use, 
the pine forests of the south affording a fine pasturage and 
sheep range. Lignite, or brown coal, is found in Northern 
Mississippi, and affords fuel adapted to ordinary demands. 
Excellent limestone for building, or making lime and cement, 
occurs in the north-east, where valuable marls for fertilizers 
are found. Mineral springs of various kinds are very 
abundant. 

13. The most important of the manufacturing industries 
is the making of cotton cloth and the sawing of lumber. 
Much lumber is exported to South America, Europe, and the 
West Indies, from the long-leaf pine regions. Cotton and 
lumber are the chief commodities which Mississippi con- 
tributes to the world's commerce. In return she receives 
food supplies and manufactures. Two thousand miles of 
railroad and the navigable rivers by which the State is 
traversed or bordered, facilitate the exchange. 



QUESTIONS ON CHAPTER XLIV. 

Situation of Mississippi by length and breadth ? Number of square 
miles? Its general surface ? The four regions? Its western boundary ? 
Levees of the river? Overflows? Formation of alluvial soil ? The 
Yazoo river? Big Black and Bayou Pierre? The Tennessee river? 
Tombigbee, Pascagoula, and Pearl rivers? What of the lakes? 
Describe the sea-coast of Mississippi. Mississippi Sound ? Climate 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



267 



of the State? Vegetation? Long-leaf pines? Growth of the river- 
bottom countries? What are the staple agricultural productions of the 
State? Cotton? Best cotton-producing portion? Cotton-seed oil? 
What does the southern portion of the State produce in large quantities? 
Fruittrees? Stock? Lignite? Limestone? Mineral springs? What 
are the most important manufacturing industries? Chief exports? 
Imports? 




268 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER XLV. 

i 890- i 892. 

1. By the census of 1890, Mississippi had a population of 
1,289,600, an increase over that of 1880 of 158,003, or 
13.96 per cent. Since 1880, Pearl River county has been 
organized from parts of Hancock and Marion counties. The 
name of Sumner county has been changed to Webster. Of 
the seventy-five counties in the State, eleven show decreases. 
These seventy -five counties average six hundred and twenty- 
eight square miles each in area. Each county is divided 
into five supervisors' districts, and these may be sub-divided 
into election precincts. A sheriff, coroner, treasurer, assessor, 
and surveyor are elected in each county every two years. 

2. Position: At the close of the Revolution, in 1783, Eng- 
land ceded to Spain the territory south, and to the United 
States the territory north, of thirty-one degrees of latitude. 
In 1798, the region bounded by the Mississippi, the Chatta- 
hoochee, the parallel of thirty-one degrees, and a line drawn 
east from the mouth of the Yazoo, was organized as Missis- 
sippi Territory. In 1804, its limits were extended north- 
ward to the Tennessee State line, and, in 18 12, southward, 
between Pearl and Perdido rivers, to the coast. 

3. In 1868, a Constitutional Convention met in the city 
of Jackson and adopted a Constitution, which was ratified 
by the people in December, 1869. Some of its most 
important provisions are as follows : No person shall be 
deprived of life, liberty, or property except by due process of 
law. The freedom of speech and of the press shall be held 
sacred, and in all indictments for libel the jury shall deter- 
mine the law and the facts under the direction of the 'court. 
The writ of habeas corpus shall not be suspended. The 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 269 

right of trial by jury shall remain inviolate. Slavery is 
forever prohibited. There shall be no imprisonment for 
debt. The people shall have the right to keep and bear 
arms. 

4. In all criminal prosecutions the accused shall have a 
right to be heard. Cruel or unusual punishment shall not 
be inflicted, nor shall excessive fines be imposed. No prop- 
erty qualification for eligibility to office shall ever be required. 
The right to withdraw from the Federal Union, on account of 
any real or supposed grievance, shall never be assumed. The 
military shall be in strict subordination to the civil power. 
Dueling is prohibited. Rights of married women protected. 
The limits and boundaries of the State must remain as 
established by law. 

5. Elective Franchise: All elections by the people shall be 
by ballot. All male inhabitants of the State, except idiots 
and insane persons and Indians not taxed, citizens of the 
United States, or naturalized, twenty-one years old and 
upward, who have resided in the State six months and in the 
county one month next preceding the day of election, duly 
registered and not disqualified by crime, are declared to be 
qualified electors. 

6. Legislative Power: The legislative power is vested in 
the Legislature, which consists of two houses, the Senate 
and the House of Representatives. The number of Senators 
is apportioned according to the number of qualified electors 
in the several districts ; must never be less than one-fourth, 
nor more than one-third, of the whole number of Representa- 
tives. The number of Representatives shall be apportioned 
among the several counties, or districts, according to the 
number of qualified electors in each, and shall not be less 
than one hundred, nor more than one hundred and twenty. 
The members of the House of Representatives are elected 
every two years, those of the Senate every four years. 

7. The sessions of the Legislature are biennial, beginning 



270 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

on the first Tuesday in January. The Senate is presided 
over by a president, and the House of Representatives by a 
speaker, elected from the members. The Legislature has 
the sole power of making laws. Every bill, before it becomes 
a law, must be read on three different days in each house, 
and then receive a majority vote of the members and be 
approved by the Governor. In case the Governor vetoes or 
disapproves a bill, it requires a two-thirds vote to make it a 
law. Members of the Legislature receive four hundred 
dollars compensation for attendance on each regular session, 
with ten cents mileage. 

8. Executive Power : The officers of the Executive Depart- 
ment are the Governor, Lieutenant-Governor, Secretary of 
State," Attorney-General, and Treasurer. The Executive 
power is vested in the Governor, elected every four years, 
with a salary of $4,000. He must be thirty years of age, 
a citizen of the United States for twenty years and of the 
State for two years. In case of the death of the Governor, 
the Lieutenant-Governor occupies his office. The Governor 
is also the commander-in-chief of the army and navy of the 
State and of the militia. He has the power of granting par- 
dons, except for treason and in cases of impeachment, and 
of recommending to the Legislature such measures as he 
may deem necessary and expedient. 

9. Judiciary Power: The judicial power of the State is 
vested in a Supreme Court, and Courts of Law and Equity. 
The Supreme Court consists of three judges, who are 
appointed by the Governor, with the advice and consent of 
the Senate. The term of office of the judges of the 
Supreme Court is nine years. The Supreme Court is held 
twice a year at the capital of the State, as the Legislature 
may prescribe. The judges of the Circuit Court are 
appointed by the Governor, for a term of six years. This 
Court sits twice a year in each county. The judges of the 
Chancery Court are appointed in the same manner as the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 271 

circuit judges. The State is divided into a number of 
chancery districts, composed of several counties each. The 
judges of this Court hold their offices for four years. 

10. A Board of Supervisors, consisting of five members, 
elected by the people, for a term of two years, has jurisdic- 
tion over roads, ferries, public buildings, etc. 

A competent number of justices of the peace and consta- 
bles are chosen by the people of each county, for a term of 
two years. 

11. Taxation can be levied by the Legislature for support 
of State government, for educational purposes, to suppress 
insurrection, repel invasion, etc. Education: The Constitu- 
tion provides for a uniform system of free public schools, 
provided for by taxation or otherwise, for all children 
between the ages of five and twenty-one years. In 1886, 
the appropriation for the common school fund amounted to 
$290,875.87, supplemented by $71,825 from the Chicka- 
saw school fund. An appropriation of $32,643 was made 
during the same year to the State University; $25,000 
to the Agricultural and Mechanical College, at Stark- 
ville; about $30,000 to the Industrial Institute and College, 
at Columbus; $3,000 to the Tongaloo University, and 
$5,321.25 to Alcorn University. The last two institutions 
named are for the benefit of colored students. 

12. Besides the public schools in every county, there are 
numerous colleges, high schools and elementary private 
schools. The average school term in the State public 
schools is four months ; in private schools, eight to ten 
months ; in local public schools, six to eight months. 



QUESTIONS ON CHAPTER XLV. 
What was the population of Mississippi in 1890 ? What county was 
organized from 1880 to 1890? Change of name? How is each county 
sub-divided? Define the position of Mississippi? What of the Con- 



272 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 




stitutional Convention of 1868 ? Name some of its most important pro- 
visions? Mention the clause relating to the Elective Franchise? The 
Legislative Power ? How often are the sessions of the Legislature held ? 
Is it the sole law-making power? What must be done before a bill 
becomes a law? What in case the Governor vetoes or disapproves a 
bill? Give the clause relating to the Executive Power? The Judiciary? 
Hoards of Supervisors ? By what body is taxation levied? Educational 
system ? Schools not under the public patronage? Average length of 
term ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 273 



CHAPTER XLVI. 

i 890- i 892. 

1. The Legislature which met in January, 1890, passed 
an Act to provide for the calling of a convention to amend 
the Constitution of the State of Mississippi. While in 
many respects the Constitution of 1868 was an excellent 
One, it was felt by the people of Mississippi that it had its 
defects, and that in the future the State was menaced by 
dangers arising out of one of the greatest problems of the 
Nineteenth century — the race question — as exhibited in the 
South, and especially in our own State. This fact, as stated 
by Judge Calhoon, President of the Convention, at the 
beginning of the session, August, 1890, had assumed colossal 
proportions, which could not be obscured by the clouds of 
maudlin sentiment or false philosophy. The fact can not be 
argued away, or speculated upon ; it will remain in spite of 
all discussion, of all criticism from outside parties ; in spite of 
all reflections made by ourselves, that there exists in this 
State two distinct and opposite types of mankind, and that 
the question before the Convention, most nearly concerning 
the peace and happiness of both races, was how it might be 
arranged that they should live together harmoniously. 
There were, of course, other important questions to be 
brought before the Convention, but the main fact was the 
determining of the governmental agencies which should con- 
trol the State in the future. 

2. The Constitutional Convention of 1890, met in the 
Hall of Representatives, State House, Jackson, on the 12th 
of August. As has been said, the securing of a more 
enlightened elective franchise, without race discriminations 
or injustice, occupied the time of the Convention to a larger 

13 



274 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

extent than any other measure. Many of the people of the 
State doubted the wisdom of calling together this Conven- 
tion, feeling, perhaps, that it were better to "bear the ills 
we have, than fly to others that we know not of." As the 
movement was ratified by the majority of the voters of the 
State, however, the delegates assembled in obedience to the 
popular call, the best and most patriotic motives actuating 
them throughout. 

Whether the united wisdom of the members of the Con- 
vention succeeded in solving the important " race problem " 
is a question that the future only can decide. While few 
organic changes were made in the Constitution, some 
important amendments were made by the Convention, which 
adjourned November i, 1890. The Constitution of the State, 
as amended by this Convention, will be found in the "Civil 
Government" supplement, which, it is earnestly hoped, will 
be studied carefully by the pupils of our excellent public 
schools. 

3. We will now give some important statistics, as gathered 
from the Census Bulletins of 1890. The relative rate of 
increase of the white and colored population of the Southern 
States during the last decade is a matter of such general 
interest and importance as to demand special attention. 
What is termed the "race count " has therefore been made 
for the South Atlantic and South Central States, and that 
for the State of Mississippi is here given in the hope of its 
proving of general interest. The abnormal increase of the 
colored population in what is known as the " Black Belt" 
of the South during the decade ending in 1880, led to the 
popular belief that the negroes were increasing at a much 
greater rate than the white population. This error was a 
natural one, and arose from the difficulty of ascertaining 
how much of the increase shown by the tenth census was 
real and how much was due to the omission of the census of 
1870. During the past decade, according to the census 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT 275 

returns, the colored race has not held its own against the 
white in a region where the climate and conditions are, of 
all those which the country affords, the best suited to its 
development. In Mississippi and Alabama alone, of all the 
Southern States, have the blacks increased in proportion to 
the whites, and this has been caused by the very large 
immigration from the worn-out lands of the border States to 
the fertile cotton fields of the two States mentioned. The 
Delta, and other river-bottom lands, have attracted large 
numbers of blacks to Mississippi. While a large proportion 
of them are ignorant and illiterate, they, in the main, are 
quiet and orderly, and thrive and prosper under conditions 
which would not be endurable for white laborers. 

4. The total area in Mississippi devcted to the cultivation 
of cotton in 1889-90 was 2,882,499 acres, and the produc- 
tion of cotton, 1,154,406 bales. Washington county had the 
largest average in cotton in 1889-90, and also the largest 
production. 

According to the report furnished by Hon. J. R. Preston, 
State Superintendent of Public Schools of Mississippi, there 
were, in 1890, 361,977 pupils enrolled in the public schools 
of the State. Of these, 150,968 are white and 183,200 
black. The total number of white teachers is 7,490 ; of 
black, 3,221. In the private schools of the State there are 
24,312 pupils, of whom 21,769 are white and 2,543 blacks. 
In parochial schools there are 2,197 pupils, of whom 1,929 
are white and 268 black. In the normal schools and 
universities of the State there are 1,300 students, of whom 
888 are white and 412 black. 

5. In the second session of the Forty-ninth Congress, 
Mississippi was represented in the lower house of the 
National Legislature by John M. Allen, Ethelbert Barksdale, 
F. G. Barry, Thos. C. Catchings, James B. Morgan, Otho 
R. Singleton, and Henry S. Van Eaton. In the Fiftieth 
Congress she was represented by John M, Allen, F, G. 



276 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Barry, T. C. Catchings, Charles E. Hooker, J. B. Morgan, 
C. L. Anderson, and Thos. R. Stockdale. In the Fifty-first 
Congress, John M. Allen, C. L. Anderson, T. C. Catchings, 
C. E. Hooker, John C. Kyle, Clarke Lewis, and T. R. 
Stockdale were her representatives. The first session of 
the Fifty-second Congress adjourned during the summer of 
1892. 

6. The second session of the Forty-ninth Congress 
commenced December 6, 1886, and ended March 3, 1887. 
Mississippi, as has been said, was then represented in the 
United States Senate by E. C. Walthall and J. Z. George, 
and has been so represented ever since. General George's 
first term expired March 4, 1887. He was re-elected for 
a second term, which will not expire until 1893, and was 
also re-elected for a third term by the Legislature of 1892. 
General Walthall was appointed by General Lowry to fill 
the vacancy occasioned by the resignation of Hon. L. Q. C. 
Lamar, who had resigned to accept the position of Secretary 
of the Interior in Mr. Cleveland's Cabinet. General 
Walthall, by this appointment, held until his successor was 
elected by the Legislature of 1886, for the term expiring 
March 4, 1889, and was elected to succeed himself, January 
19, 1886. At the session of the Legislature of 1888, he was 
re-elected for six years, his term not expiring until March 
4, 1895. The Legislature of 1892 re-elected him for another 
full term. The election of General Walthall's successor in 
1892 was rendered necessary by the new Constitution of 
1890, fixing quadrennial instead of biennial sessions of the 
Legislature. The next regular session will convene in Jan- 
uary, 1896, after General Walthall's present term expires. 
Previous to the meeting of the Legislature of 1892, General 
Walthall announced his intention to retire from public fife, 
stating that he would not be a candidate for re-election as 
his own successor. No other name, however, would be 
accepted by a grateful people, and their choice was signified 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 277 

so earnestly, through the columns of the press as well as 
by their representatives in the Legislature, that General 
Walthall was induced to reconsider his withdrawal and 
accept the office, though at the sacrifice of his own wishes. 
7. The summer of 1892 saw the inauguration of what 
promised to be a very exciting political campaign. The 
Republican party selected as its standard-bearer Benjamin 
Harrison, President of the United States, with Whitelaw 
Reid as candidate for the office of Vice-President. The 
Democratic party, meeting a short time afterward in Chi- 
cago, nominated ex-President Grover Cleveland for the 
office of President, with General Adlai Stevenson, of Illinois, 
as Vice-President. The " People's Party," which met in 
Omaha soon after, nominated General Weaver for Presi- 
dent, while the Prohibition party nominated General James 
Bidwell, of California, for the same office. While a great 
deal of interest is manifested in the outcome, there is very 
little bitterness or rancor displayed in the conduct of the 
campaign, and the personal element in politics is likely to 
be eradicated. 



QUESTIONS ON CHAPTER XLVI. 

When was the Act providing for the calling of a Constitutional 
Convention passed? What of the Constitution of 1868? What 
dangers menaced the people of Mississippi ? Who was chosen Presi- 
dent of the Convention? Give his opening remarks? The main fact 
brought before the Convention ? When and where did the Convention 
meet? Were the people of the State unanimous as to the wisdom of 
calling the Convention? How was the movement ratified? Did the 
Convention succeed in solving the race question ? How alone can that 
be determined ? Were many organic changes made in the Constitution ? 
What was the relative rate of increase of the white and colored popula- 
tion of the South from 1880 to 1890? What led to the erroneous idea 
that the blacks were increasing faster than the whites ? What fact is 
learned from the Census Report in this connection? In what States 
alone have the whites and blacks increased in the same proportion ? 



278 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



Causes of this ? The Delta and other river-bottom lands ? Character 
of these immigrants ? Total area of cotton lands in the State? County 
having the largest acreage in cotton ? Public schools in 1890? Uni- 
versities and normal schools? Representation of Mississippi in the 
lower house of the Forty-ninth Congress? In the Fiftieth? Fifty- 
first? Senators from Mississippi ? General George's term ? General 
Walthall's? What of the presidential campaign of 1892? Nominees 
of the Republican party? Of the Democratic? What of the " People's " 
party? The Prohibition party? Conduct of the campaign? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 279 



CHAPTER XLVII. 

CITIES AND TOWNS OF MISSISSIPPI. 

1. The State of Mississippi is bounded north by Tennessee, 
east by Alabama, south by the Gulf of Mexico and Louisiana, 
and west by Louisiana and Arkansas. 

2. The following is a brief description of the principal 
cities and towns in the State having over 2,000 inhabitants, 
according to the census of 1890. 

3. Jackson, the State capital and the county seat of Hinds 
county, has a population of 5,920. It is located on the west- 
ern bank of Pearl river. It is at the junction of trunk rail- 
way lines running east, west, north, and south. The city 
is regularly laid out, and contains several handsome public 
buildings. The Insane Asylum was almost entirely destroyed 
by fire during the winter of 1891-92. 

4. Vicksburg, with a population of 13,373, is the largest 
city in the State. It is situated on the Mississippi river, 
just below the mouth of the Yazoo, in Warren county, and 
is the most important river port between New Orleans and 
Memphis. Great quantities of cotton are shipped from 
Vicksburg, principally to New Orleans. 

5. Meridian, the county seat of Lauderdale county, is the 
second city in the State in population, its inhabitants num- 
bering 10,624. It is an important railroad center, and ships 
great quantities of cotton, wool and lumber to the North and 
West. Its manufactures include cotton goods, commercial 
fertilizers, furniture, sash and blinds, carriages, machinery, 
pottery, and cotton-seed oil. The State Business College 
and the East Mississippi Female College furnish excellent 
educational facilities. It also has five public graded schools. 
The East Mississippi Insane Asylum is near the city. 



280 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

6. Natchez, with a population of 10, 101, is on the Mis- 
sissippi, 130 miles below Vicksburg. It is the county seat 
of Adams county, and one of the oldest towns in the Missis- 
sippi Valley. It is situated on a high bluff on the Mississippi 
river, commanding an extensive view of the cotton region 
of Louisiana. It is a beautiful city, handsomely laid out, 
with broad streets. Many of the residences are surrounded 
with flower gardens and orange groves. Natchez is a good 
shipping point for a fine farming section. Its manufactures 
are steadily increasing in importance. It has excellent 
public and private schools. 

7. Greenville, the county seat of Washington county, is 
situated on the Mississippi river, and at the terminus of the 
Georgia Pacific and a branch of the Louisville, New 
Orleans & Texas Railroad. It is one of the most prosperous 
cities in the State. The population of Greenville is 6,658. 
Its graded public schools are excellent. It also has good pri- 
vate schools. It manufactures iron castings, brick, cotton- 
seed oil, and ice. It is a leading cotton market in the famous 
Yazoo Delta region, and ships annually many thousand bales 
of cotton. 

8. Columbus, the capital of Lowndes county, is a thriving 
city beautifully situated on a high bluff on the Tombigbee 
river. It is the seat of the Mississippi Industrial Institute 
and College for girls. It has graded public schools of a high 
order. The city is an important cotton market, and has 
manufactories of cotton goods, lumber, machinery, cotton- 
seed oil, and flour. It has a population of 4,559. 

9. Aberdeen, a flourishing city, is situated in Monroe 
county, in the eastern portion of the State. Its inhabitants 
are wealthy and cultured, numbering 3,449. The fertile 
prairies adjacent and the rich Tombigbee valley afford an 
active trade. The Canton, Aberdeen & Nashville, the 
Kansas City, Memphis & Birmingham, and the Mobile & 
Ohio Railroads furnish superior facilities for trade. The 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 281 

city has a large trade in cotton. It has excellent graded 
schools. 

10. Yazoo City, on the Yazoo river, in Yazoo county, is 
situated in one of the finest agricultural regions of the world. 
It has a population of 3,286, and has a thriving trade, ship- 
ping large quantities of cotton by river and railroad. The 
city is handsomely built and has superior graded schools. 

11. Biloxi, in Harrison county, is a flourishing town on 
the Gulf coast, with a population of 3,234. The soft and 
delightful climate of this region has made Biloxi a favorite 
winter resort, while the cool breezes from the Gulf make it 
equally as popular as a summer resort. It is noted as being 
the location of the first settlement in the State, having been 
settled by Bienville and De Iberville in 1699. Many of the 
quaint old houses of the early settlers are still standing, and 
many of the present residents, being descendants of the 
early settlers, speak the French language exclusively. 

12. Wesson, a prosperous manufacturing town in Copiah 
county, on the Illinois Central Railroad, has a population of 
3,168. The Mississippi Mills, the largest cotton and woolen 
mills in the State, are located here. The town has good 
graded schools. 

13. Water Valley, in Yalobusha county, is a thriving and 
progressive manufacturing town. The railroad shops of one 
division of the Illinois Central Railroad are located here. 
Other manufactories include cotton-mills, pottery and iron 
works, lumber mills, and shoe shops. The graded public 
schools are among the best in the State. The population, 
2,832. 

14. West Point, the county seat of Clay county, is a 
thriving business town. It is at the intersection of three 
trunk railroads, and has excellent communication with all 
parts of the State. It has fine graded schools. It manufac- 
tures lumber, sash and blinds, brick and tile, cotton-seed oil, 
and wagons. Its population is 2,762. 



282 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

15. Grenada, the county seat of Grenada county, on the 
Yalobusha river, is situated at the junction of the Illinois 
Central and the Mississippi & Tennessee Railroads. It is 
the seat of Grenada Female College. The graded public 
school building is one of the finest in the State. Grenada 
has a population of 2,416. 

16. McComb City, the largest town in Pike county, is a 
flourishing commercial town and the seat of important manu- 
factories. It has a population of 2,383. 

17. Holly Springs, the county seat of Marshall county, 
has a population of 2,246. Its situation is unusually attrac- 
tive, it being 850 feet above the level of the sea. It is the 
most important railroad and commercial center in Northern 
Mississippi. The city has graded public schools, and col- 
leges under the auspices of the Methodist and Presbyterian 
churches ; and for colored students, Shaw University, and a 
State normal school. 

18. Brookhaven, the county seat of Lincoln county, on 
the Illinois Central Railroad, is the seat of Whitworth 
Female College, and has graded public schools. Being 
in the heart of the great lumber region of Southern Missis- 
sippi, it has an extensive trade in lumber, which is shipped 
to all parts of the country. 

19. Canton, on the Illinois Central Railroad, is the county 
seat of Madison county, and has a large trade in cotton and 
planters' supplies. The graded public and private schools 
are good. The population is 2,131. 

20. Corinth, at the junction of the Mobile & Ohio and 
Memphis & Charleston Railroads, is the county seat of 
Alcorn county. It has a large trade in cotton, and carries 
on a variety of manufactories. Its graded schools are good. 
During the closing years of the war it was the headquarters 
of the Federal Army. The battle of Shiloh and other 
important battles were fought near this place. A National 
Cemetery, containing the bodies of several thousand Federal 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



283 



soldiers, is located near here. Corinth has a population of 

2,111. 

21. Okalona, in Chickasaw county, is an enterprising 
town, on the Mobile & Ohio Railroad. It is in the heart of 
the " Black Prairie" region, and has a large trade in cotton. 
Its graded schools are excellent. The population is 2,099. 




WHITWORTH FEMALE COLLEGE, BROOKHAVEN, MISS. 

22. Macon, the county seat of Noxubee county, is a 
properous railroad town. It has a large local trade, and 
some manufacturing establishments. The graded public 
schools are good. 

23. Oxford, in Lafayette county, on the Illinois Central 
Railroad, is the seat of the University of Mississippi, a State 
institution, which is largely patronized by the residents of 
the State. 

24. Starkville, the county seat of Oktibbeha county, is a 
thrifty town, on the Canton, Aberdeen & Nashville and a 
branch of the Mobile & Ohio Railroads. Besides having 
excellent public and private schools, it is the seat of the 
State Agricultural and Mechanical College. 

25. Clinton, in Hinds county, has for a long time been 
the seat of Mississippi College. 

26. Blue Mountain, in Tippah county, is the seat of Blue 
Mountain Female College. 



284 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



27. Bay St. Louis is the county seat of Hancock county, 
and the most important port on the coast of Mississippi. It 
is a favorite summer resort for the people of New Orleans. 
Other important towns are Winona, Kosciusko, Enterprise, 
Sardis, Batesville, Como, Senatobia, Coldwater, Clarks- 
dale, Lyon, Greenwood, Friars' Point, Tupelo, Iuka, etc. 



QUESTIONS ON CHAPTER XLVII. 

Give the boundaries of the State of Mississippi? Give a descrip- 
tion of Jackson, the capital city of the State ? Vicksburg ? Meridian ? 
Natchez? Greenville? Columbus? Aberdeen? Yazoo City? Biloxi? 
Wesson? Water Valley? West Point? Grenada? McComb City? 
Holly Springs? Brookhaven ? Canton ? Corinth ? Okalona? Macon? 
Oxford? Starkville? Clinton? Blue Mountain? Bay St. Louis, and 
other important towns? 



A^£_ 




HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 2& 



LIST OF GOVERNORS. 

1799 1892. 



Winthrop Sargent I799 

C. C. Claiborne 1801 

Robert Williams ^05 

David Holmes ^oo. 

George Poindexter ^o 

Walter Leake ^22 

David Holmes ^26 

Gerard C. Brandon ^27 

Abram M. Scott ^33 

Hiram G. Runnels ^33 

Charles Lynch ^36 

Alexander G. JVlcNutt 1838 

Tilghman H. Tucker 1842 

Albert G. Brown 1844 

Joseph W. Matthews 1848 

John A. Quitman 1850 

Henry Stuart Foote 1852 

John J. McRae 1854 

William McWillie 1858 

John J. Pettus i860 

Charles Clarke 1864 

William L. Sharkey 1865 

Benjamin G. Humphreys 1866 

Adelbert Ames 1868 

James L. Alcorn 1869 

R. C. Powers 1871 

Adelbert Ames 1873 

John M. Stone 1876 

Robert Lowry 1882 

John M. Stone 1890-1892 



280 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



LIST OF COUNTIES IN MISSISSIPPI. 



Name. 



Adams 
Alcorn 
Amite 
Attala 
Benton 
Bolivar . 
Calhoun . 
Carroll 
Chickasaw 
Choctaw • 
Claiborne 
Clarke . . 
Clay . . . 
Coahoma 
Copiah 
Covington 
De Soto • 
Franklin • 
Greene • • 
Grenada . 
Hancock . 
Harrison . 
Hinds • . 
Holmes 
Issoquena 
Itawamba 
Jackson 
Jasper . 
Jefferson 
Jones • 
Kemper 
Lafayette 
Lauderdale 
Lawrence 
Leake • . 
Lee • . . 



For Whom. 



Pres't Adams • • 
Ex-Gov. Alcorn . 
Named by French 
Indian name • • • 

Benton 

Gen'l Bolivar . . 
Jno. C. Calhoun . 
Chas. Carroll . . 
Indian tribe . . . 
Indian tribe • . . 
C.C.Claiborne . 
J. G. Clarke • • 
Henry Clay . . . 
Indian name . . • 
Indian name ■ • . 
Gen'l Covington . 
Hernando De Soto 
Benj. Franklin . . 
Gen. Nath'l Greene 
Spanish name . . 
John Hancock . . 
Wm. H. Harrison 
Thos. Hinds . . . 
Gov. Holmes . . 
Indian name . . . 
Indian name • • • 
Andrew Jackson . 
Serg't Jasper • . 
Thos. Jefferson 

Jones 

Kemper family • . 
Marq. De Lafayette 
Col. Lauderdale • 
Steph. Lawrence . 
Gov. Leake . . . 
Gen. R. E. Lee 



County Site. 



Natchez . 

Corinth . 

Liberty . 

Kosciusko 

Ashland . 

Rosedale 

Pittsboro 

Carrolton 

Houston . 

Chester . 

Port Gibson 

Quitman 

West Point 

Friars' Point 

Hazelhurst 

Williamsburgh 

Hernando 

Meadville 

Leakesville 

Grenada 

Bay St. Louis 

MississippiC'y 

Raymond 

Lexington 

Mayersville 

Fulton 

Scranton 

Paulding 

Fayette • 

Ellisville 

DeKalb . 

Oxford • 

Meridian 

Monticello 

Carthage 

Tupelo . 



799 
870 
809 

833 
870 
836 
852 

833 
836 

833 

802 

833 
871 
836 

823 
819 
836 
809 
811 
870 
812 
841 
821 
823 

844 
836 
812 
823 
802 
826 
823 
836 

833 
814 

833 
866 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



287 



Name. 



Leflore • 
Lincoln 
Lowndes 
Madison 
Marion . 
Marshall 
Monroe 
Montgomery 
Neshoba . 
Newton . 
Noxubee . 
Oktibbeha 
Panola • . 
Pearl River 
Perry . . 
Pike . . . 
Pontotoc • 
Prentiss • 
Quitman . 
Rankin 
Scott . . . 
Sharkey • 
Simpson • 
Smith • • 
Sunflower 
Tallahatchie 
Tate • . . 
Tippah • • 
Tishomingo 
Tunica . . 
Union • • 
Warren • 
Washington 
Wayne 
Webster . 
Wilkinson 
Winston ■ 
Yalobusha 
Yazoo • • 



For Whom. 



Greenwood Leflore 
Pres't Lincoln 
Wm. Lowndes 
Jas. Madison 
Gen. Marion • 
C'fJusticeMarshall 
Pres't Monroe 
Rich. Montgomery 
Indian name • • 
Sir Isaac Newton 
Indian name 
Indian name 
Indian name 
Pearl river . 
O. H. Perry 
Pike . . . 
Indian . . . 
S. S. Prentiss . 
John A. Quitman 
Christ'r Rankin 
Gov. Scott . . 
Gov. Sharkey • 
Josiah Simpson 
Smith David • • 
Sunflower river 
Indian name 
Tate family 
Indian name 
Indian name 
Indian name 
Union . • . 
Gen. Warren 
Gen. Washington 
Gen. Wavne • • 
Dan'l Webster . 
Gen'l Wilkinson 
Col. Winston • 
Indian name • • 
Indian name • • 



County Site. 



Greenwood 

Brookhaven 

Columbus 

Canton . 

Columbia 

Holly Sprin 

Aberdeen 

Winona . 

Philadelphia 

Decatur . 

Macon 

Starkville 

Sardis • ■ 

Poplarville 

Augusta . 

Magnolia 

Pontotoc . 

Booneville 

Belen . • 

Brandon • 

Forest ■ • 

Rolling Fork 

Westville 

Raleigh . 

Indianola 

Charleston 

Senatobia 

Ripley • ■ 

Iuka . . 

Austin 

New Albany 

Vicksburg 

Greenville 

Waynesboro 

Walthall 

Woodville 

Louisville 

Coffeeville 

Yazoo City 



gs 



1871 

1870 
1830 
1828 
1811 
1836 
1821 
1871 
1833 
1836 
1833 
1833 
1835 
1890 
1820 
1815 
1836 
1870 
1877 
1828 
1833 
1876 
1824 
1833 
1844 
1833 
1873 
1836 
1836 
1836 
1870 
1826 
1827 
1802 
1874 
1812 
1833 
1833 
1823 



Ph 

16,869 
17,912 

27,047 
27,321 

9,532 
26,043 

30,730 
14,459 
11,146 
16,625 
27,338 
17,694 
26,977 

2,957 

6,494 

21,203 

14,940 

13,679 
3,286 
17,922 
11,740 
8,382 
10,138 
10,635 

9,384 
14,361 

19,253 
12,951 

9,302 
12,158 
15,606 
33,164 

40,414 
9,817 

12,060 

17,592 
12,089 
16,629 
36,394 



TEN CHAPTERS 



Civil Government 



CAREFULLY COMPILED FROM THE BEST AUTHORITIES 

BY 

MARY V. DUVAL, 

Author of "Student's History of Mississippi," and " History of Mississippi and 

Civil Government." 



DESIGNED EXPRESSLY FOR USE IN THE PUBLIC SCHOOLS OF MISSISSIPPI. 



(289) 



PREFACE. 



The excuse of this book "for being" is the requirement 
of the Legislature of Mississippi, of 1892, that a work on 
"Civil Government" be placed on the excellent curriculum 
of the public schools of our State. As many of the current 
text-books on this subject are filled with matter not pertinent 
to our surroundings, it was thought that a work compiled 
from the best authorities, and relating almost entirely to our 
State and Federal governments, would meet with popular 
approval — hence the " Ten Chapters on Civil Government," 
now offered to the people of the State. The author desires 
to make special mention of the courtesies extended her in 
the preparation of this work by various publishers, and to 
none is she more deeply indebted than to the popular house 
of Messrs. Ginn & Co., New York. 

Hoping that it may meet the end designed by our patri- 
otic Legislature — that of training our children to become 
good citizens — it is submitted in all candor and confidence. 



(291) 



INDEX TO CIVIL GOVERNMENT. 



CHAPTER I. — Some form of government necessary — Transplanting of 
English laws to America — The Township — County — Variations 
of Local Governments — State Governments — United States 
Government — Colonists of America — Virginia House of Bur- 
gesses — Royal Governors — Proprietary — Charter Colonies. 

CHAPTER II. — House of Representatives — State Constitutions — Habeas 
Corpus— Grand Model— Bill of Rights— Three Departments of 
Government — First State Constitutions — Confederation of 1643 
— Second Colonial Congress — Second Continental Congress 
Articles of Confederation — Constitution of the United States- 
Relations of State and Federal Governments. 

CHAPTER III. — Monarchy— Aristocracy— Republic— Comparison be- 
tween English and United States Government— Between State 
and Federal Governments — City Governments — Public Educa- 
tion — School Districts — School Boards — Seminary lands of 
Mississippi — Teachers' Certificates — County Superintendents. 

CHAPTER IV. — Taxes — Assessors — County Treasurer — Municipal 
Taxes — Exemptions — Revenue — Post-office Department — Inter- 
nal Revenue — Customs — Duties — Corporations. 

CHAPTER V. — School Teachers' Elections — Presidential Electors — 
English Parliament — Australian Ballot System. 

CHAPTER V I .—Juries — Sheriffs — Constables —Coroners— Courts — 
Equity — Justice of the Peace — Supreme Court — Attorney- 
General — District Attorney — Commissioners — Federal Courts — 
Mandamus — Injunction. 

CHAPTER VII. — Congress — House of Representatives — Naturalization 
— Senate — Election of Senators — Vice-President of the United 
States — Speakership— Impeachments. 

CHAPTER VI II- — Elections for Congressmen — Proceedings of the 
House — Of the Senate — Privileges of Members — Bills — Votes. 

CHAPTER IX. — Congress continued — Commerce — Exclusive work of 
Congress — Copyrights — Patents — Letters of Marque and Repri- 
sal — Various powers of Congress — President's Cabinet — Depart- 
ments — Army and Navy of the United States — President's 
Message. 

CHAPTER X. — Amendments to the Constitution of the United States. 

(292) 



TEN CHAPTERS 



ON 



CIVIL GOVERNMENT. 



CHAPTER I. 



i. The careful student of history soon learns that absolute 
liberty can not be enjoyed except by an individual who lives 
in complete solitude, having no intercourse with his fellow- 
men. He will also soon learn that people can not live 
together in society without some form of government ; that 
mutual rights and privileges must be defined and laws 
enacted, which are restraints, not upon the law-abiding, but 
upon the evil-doers of a community. 

2. This is why to-day we are living in a country governed 
by laws which make it one of the freest, best, and most 
prosperous countries in the world. When the English founded 
colonies in America, it was natural that they should wish to 
transplant some, at least, of the laws of England to the new 
soil which proved so congenial to their institutions. This is 
why in the early history of the American colonies we read 
of not only the township, the county or shire, and the 
parish, all of which names are familiar to our ears, but also 
of the hundred, a name which exists now in history only, 
the manor and the borough, all forms of local government 
in the mother-country. Of all these forms of local govern- 
ment, only the township and county remain to Americans as 
of permanent value and general jurisdiction, though the 

(293) 



294 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

incorporated town and the city exist as special governments 
for people massed in towns and cities. 

3. In New England, the township, whose form of govern- 
ment is purely democratic, holds the most important place 
in local forms of government. In New York, the township 
is not so strong as in New England, the county absorbing 
a larger share of the local business. In Pennsylvania, the 
county government is of the first importance, the townships 
having been organized for the purpose of choosing local 
officers to assist the county government in the execution of 
the law. Variations of the township and county governments 
of New York and Pennsylvania have been reproduced in 
many of the Western States, whose earliest settlers were 
the pioneers from the older States. 

4. In the Southern States, Virginia being the model for 
most of the others, the county, the nearest reproduction of 
the old English shire that could be obtained, was exalted 
above every other form of local government. Many causes 
contributed to this end, the system of negro slavery, per- 
haps, being chief. Before the Civil war, the county court 
and the justices of the peace attended not only to the 
judicial business, but also to other local matters. The State 
governments of the South being highly centralized, only 
State officers were chosen by popular election, the others 
being appointed. After the war, the South showed a dispo- 
sition to establish local government on a popular basis, and 
we now have an almost exact repetition of the local form of 
government in Pennsylvania during the colonial period ; that 
is, having the township subservient to the county govern- 
ment for the purpose of choosing local officers for the same. 

5. We find, therefore, in summing up, that three distinct 
forms of local government were transplanted from England 
to America. These are, first, the Township System in 
New England ; second, the Township-County System which 
prevails in New York, Pennsylvania, and the more Western 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 295 

States ; third, the County System of the South, in which 
the county is the one local government of great importance. 

6. While our towns, townships, and counties were trans- 
planted directly from England, our States were derived from 
a different source. In England, as we all know, all power, 
legislative, executive, and judicial, rested with the reigning 
sovereign, until Parliament, the chief law-making body of 
the kingdom, claimed that the making of laws was its busi- 
ness, and that it was the duty of the king to observe, obey, 
and execute the laws of Parliament. So it happened that 
when the American colonies were founded, the government 
of England was in a transition state. 

7. The love of liberty and their devotion to the religious 
convictions, for which they had been persecuted at home, 
had more influence in determining the character of the gov- 
ernment of the United States than all other causes combined. 

The definite idea of preserving English liberty, by found- 
ing a free State in the wilderness of America, was enter- 
tained by many of the colonists from the beginning. The 
Pilgrim Fathers of Massachusetts, the Quakers of Pennsyl- 
vania, the Catholics of Maryland, and the Huguenots of the 
Southern colonies, all might have remained peacefully in 
their former homes if they had been willing to violate their 
consciences. 

8. The French were the first to make a permanent settle- 
ment in America, Canada being the scene of their adven- 
tures. In 1606, a company chartered in London, England, 
for the purpose of founding colonies in America, began a 
settlement on the banks of the James river. The first 
office of permanent importance to appear in the general 
government of the colony was that of Governor. This 
officer was appointed by the king, though he was selected 
by the London Company. In his turn, the Governor of 
the colony called to his assistance the chief men of the 
colony, their combined power at first performing all the 



296 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

functions of a general government. They not only made 
and administered the laws, but were the highest court of 
appeal in cases of law. 

9. In 1619 the eleven settlements along the James river 
elected two delegates each to meet with the Governor and 
his council, and assist in the government of the colony. 
This body, known as the House of Burgesses, is memorable 
as the first representative assembly in the New World. 
When the elected members of this body withdrew to them- 
selves for deliberation, the Governor and his council, sitting 
to themselves, were known as the Upper House, they, the 
Lower House of Burgesses. The name of the Upper House 
was changed to Senate when Virginia separated from Eng- 
land during the war of the Revolution. 

10. For over one hundred years the kings of England 
continued to appoint governors for the loyal Virginians, 
whose experience, with some variation, was repeated in a 
number of the colonies. The Carolinas were for a time 
under the control of royal governors and some noblemen to 
whom the king, in a fit of generosity, had given the prov- 
ince. When New York was taken from the Dutch in 1664, 
it was presented by the King of England to his brother, the 
Duke of York. In both of these cases discontent with the 
royal appointments was followed by an appeal for legislative 
representation, which, when granted, brought comparative 
freedom. 

n. The Proprietary Colonies were not those alone given 
to mercantile companies, as in the case of the London and 
Plymouth, but those granted to noted individuals, as in the 
cases of Lord Baltimore, of Maryland, and William Penn, of 
the Quaker colony of West Virginia. The proprietor had 
the privilege of naming the governor of the colonies, which, 
during the greater part of their temporary existence, enjoyed 
legislative representation. 

12. The Charter Colonies were those which received from 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 297 

the king, or from Parliament during the civil war in Eng- 
land, liberal guarantees for the privilege of self-government. 
We again sum up and find that the Colonial Governments 
may be divided into three general classes: (i) Charter 
Colonies, which were governed according to charters granted 
to them by the King of England ; (2) Proprietary Col- 
onies, where the grant was made to individuals commonly 
styled the Lords' Proprietors; (3) Royal Provinces, where 
the king appointed the governors and had the general super- 
vision of the colonies. It is useless to recite to American 
readers the story of that glorious contest with the king, in 
which they were driven to renounce their allegiance to their 
once-loved mother-country, and to make good the Declaration 
of July 4, 1776, "That these United Colonies are, and of 
right ought to be, free and independent States." 

13. The parishes of Louisiana, whose territory was 
acquired at a later date than that of the original colonies, 
take the place of counties in other States. The hundreds 
are divisions of counties and do not take their place. The 
hundred is said to have been the settlement of one hundred 
free Saxon families, and if so, must date back 1,200 years. 
Some historians ascribe its formation to Alfred the Great, 
who desired to simplify the collection of his taxes. The 
hundred consisted of ten tithings. The early colonists 
brought the hundred with them, so we have, for example, 
"Bermuda Hundred" and other hundreds in Delaware. 
The Louisiana settlers kept their French customs just as the 
English kept theirs. The parish in France was about 
equivalent to an English county, so that the colonists in 
using parishes as the civil divisions of the State, used names 
with which they were accustomed. 



QUESTIONS ON CHAPTER I. 
What does the careful student of history soon learn? Why is our 
country one of the best and most prosperous of the world's Govern- 



298 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



ments ? Why were English laws transplanted to American soil ? Give 
some English names familiar to American ears? What forms of local 
government alone retain their permanent value? Importance of the 
township in different sections of the Union ? What form of local gov- 
ernment prevails mostly in the South ? Differences in local govern- 
ment in the South before and after the Civil war? Give a summary of 
the forms of local government? With whom did all power in England 
formerly reside ? How changed? What, more than all other causes, 
determined the character of the government of the United States ? 
What idea prevailed, generally, in the planting of the American colonies ? 
What nation made the first permanent settlement in America? First 
permanent settlement in the United States ? First office of permanent 
importance established in the colony? What of the delegates from the 
eleven settlements along the James river? What name did this body 
receive? Why is it memorable? Upper and Lower Houses? For what 
period of time did the King of England appoint the Governors of Vir- 
ginia? What of the Carolinas? New York? Proprietary Colonies? 
Privileges of proprietors? What of Charter Colonies? Royal 
Colonies ? Free and independent States? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 299 



CHAPTER II. 

i. When the colonies became independent States, their 
governments were, in many respects, changed : (i) The 
House of Representatives was derived from the colonial 
assembly, to which the people were so much attached. 
(2) A new House called, in most States, the Senate, was 
elected to fulfill the legislative duties of the Governor and 
his Council. (3) The Governor was continued as the chief 
executive officer, but ceased to be a member of the Legisla- 
ture, and instead of being appointed by the king or proprietor, 
was chosen either by popular vote or by the members of 
the Legislature. 

2. This general description can not be applied to all of the 
States alike. Rhode Island and Connecticut became States 
with almost no regular form of government, and Pennsylva- 
nia for several years had only one house in the Legislature. 

3. We come now to define the meaning of " State Con- 
stitutions," which include: (1) A Bill of Rights which has 
the effect of limiting the power of the officers of government 
by specifying the rights and privileges of citizens. This 
part of our Constitution is as old as Magna Charta itself. 
The principle of taxation by a representative body, trial by 
jury, the right to speedy trial and compensation for property 
taken for public purposes, are all derived from the same 
source. The Habeas Corpus Act, passed in 1679, made it 
the more difficult for the Government to keep a citizen in 
prison without just cause, and one who thinks himself 
unjustly imprisoned may apply to any court in the vicinity 
for the privilege of the writ of Habeas Corpus. It then 
becomes the duty of the court to issue an order commanding 
the officer to bring the body of the prisoner into court and 



300 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

show cause why he is held, and if sufficient cause is not 
shown, the court must require his release. 

The name " Bill of Rights " was given to these documents 
at the time of the final triumph of the people over the last of 
the Stuart kings in 1689. 

4. The " Grand Model," prepared by John Locke in 
1669, was one of the first documents in America to receive 
the name of Constitution. It was an elaborate paper called 
the "Fundamental Constitutions of Carolina," but was 
rejected by the liberty-loving people of the Carolinas as 
unsuited to English-born citizens of the New World. 

The charters given to the London and Plymouth colonies 
contained the outlines of constitutions prepared for the Ameri- 
can colonies. With the exception of Rhode Island and Con- 
necticut, whose charters granted by the King of England 
were liberal in the extreme, each of the thirteen original 
States framed and adopted a constitution of its own. In 
most of the States a convention of delegates, chosen for the 
purpose, effected this important work, though in a few 
instances it was submitted to the people for ratification. All 
of these State Constitutions renounced the authority of the 
King of England and proclaimed the doctrine that all govern- 
ment of rights belongs to the people. A statement of all the 
rights ever claimed by Englishmen may be found in these 
constitutions. In some cases the "Bill of Rights" is 
entirely separate from the Constitution. 

5. In all these Constitutions, provision is made for three 
departments of government — Legislative, Executive, and 
Judicial. The Legislative is the department that makes the 
laws, the Executive that which executes them, while the 
Judicial, considered, perhaps, as most important of all, 
interprets and applies the laws. The President of the 
United States is its Chief Executive, Congress is the Legis- 
lative, and the Supreme Court tne Judicial department of 
the Government, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 301 

6. The first State Constitutions, framed by the people of 
the thirteen original States, have served as models, not 
only for the Federal Constitution, but for all the other State 
Constitutions which have since been made. New States, 
formed by the division of other States and out of territory 
which was never connected with any other State, adopted 
Constitutions which were but modifications of the original 
ones. The State of Texas was annexed to the Union with 
a Constitution already formed. Citizens of the United 
States, entering unoccupied territory, make for themselves 
such governments as they can, until numerous enough to be 
supplied by Congress with a Territorial government. When 
the population has increased sufficiently, Congress pusses 
an act enabling the people of the Territory to agree upon a 
S r tate Constitution, and the Territory becomes a State. In 
some instances, however, the people in the Territory of a 
proposed State have adopted a Constitution and been admit- 
ted by Congress without the enabling act. 

7. The first attempt to form a confederation among the 
different American colonies occurred in 1643, when repre- 
sentatives from the colonies of Massachusetts, Plymouth, 
Connecticut, and New Haven met and drew up a Constitu- 
tion providing for mutual protection and for various matters 
of common local interest. This Constitution provided that 
the colonies should, "each of them, in all respects, have 
peculiar jurisdiction and government within their limits, 
respectively." The English Government, before the begin- 
ning of the great contest between Great Britain and France 
for the possession of territory in North America, recom- 
mended to the colonies the formation of a union for common 
defense. To this end, representatives from a number of 
the colonies met in Albany, in 1754, and adopted a plan of 
union, subject to the approval of the English Government 
and the separate colonies. The English Government 
rejected the plan, because it gave too much power to the 



302 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

colonies, and the colonies rejected it because it gave too 
much power to the English Government. 

8. When the English Government attempted to violate 
the constitutional rights of the colonies, by taxing them 
without their consent, the latter began to consult with each 
other and to act together in matters of civil government. 

In 1765, representatives from the colonies gave united 
expressions of their views in the Second Colonial, or Stamp 
Act, Congress, and in the ten years following, the colonists 
kept the subject of their rights, under the English Constitu- 
tion, in constant agitation. On the 10th of May, 1775, the 
Second Continental Congress for the United Colonies of 
America met in Philadelphia, and began at once to assume 
the powers of a Government, though without the aid of a 
written Constitution. In the following year, Congress 
passed the Declaration of Independence. At this time each 
State was engaged in forming and administering a Constitu- 
tion of its own, and it was natural that Congress should 
think of forming a Federal Constitution. 

9. The Congress of 1778 adopted "Articles of Confedera- 
tion," but these were not ratified until near the close of the 
war. This Constitution proved unsatisfactory on many 
accounts. It left the States sovereign, free, and independ- 
ent; made no adequate provision for the enforcement of 
Federal laws, or the payment of the Federal debt. The 
Confederation was about to dissolve in confusion when a 
movement to amend the Constitution was made. In May, 
1787, delegates from twelve States met in Philadelphia, for 
the purpose of devising a Constitution of the United States, 
more adequate to existing wants than the Articles of Con- 
federation. The result of their deliberations was a docu- 
ment in many of its features modeled after the State Con- 
stitutions. There were the three departments of govern- 
ment ; there were two Houses in the Legislature, the Upper 
House being chosen in a different way from the Lower ; the 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 303 

Chief Executive chosen by special electors elected for the 
purpose ; the Judiciary, appointed by the Executive and 
confirmed by the Senate. Many other features of the exist- 
ing State governments were incorporated into the Federal 
Constitution ; so to a great extent, the making of the Con- 
stitution of the United States consisted simply in a judicious 
selection from the Constitutions of the different States. 

10. The framers of the Constitution encountered the 
same great question which from that time to the present has 
agitated the minds of the people of the United States, cul- 
minating at one time in a great civil war, which rent the 
country in twain, shed the best blood of both sections and 
wasted millions of treasure. This was the relations held by 
the governments of the different States to the Federal Gov- 
ernment. According to the views of one party the States 
should hold the same relation to the general government 
that the counties hold to the States. The opponents of this 
political doctrine held that the States should remain sov- 
ereign and independent ; that no power should be exercised 
by the general government, except such as each State at the 
time approved. Happily, a compromise was effected 
between these extreme views. The framers of the new 
Constitution expressly conferred upon the Federal Govern- 
ment certain powers, while at the same time expressly for- 
bidding to it certain others. Certain powers were likewise 
forbidden to the States, and a clause was engrafted, which 
declared that the Constitution, the laws and the treaties, 
made in pursuance thereof, shall be the supreme law of the 
land, and that the judges in every State shall be bound 
thereby. Another clause was added, requiring all officers in 
the several States to be bound by oath to support the Con- 
stitution of the United States. 

1 1 . Many of the States were disposed to look with suspicion 
on the new Constitution as likely to be an infringement of 
their rights, but finally all of them were induced to accept 



304 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

and ratify it. Among those framing the new Constitution, 
Washington, Hamilton, Jefferson, and Madison were con- 
spicuous. By the adoption of the new Constitution all the 
American States then existing — thirteen in number — were 
united under one government, a government devised to 
"establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and 
secure the blessings of liberty," to themselves and their 
posterity. 



QUESTIONS ON CHAPTER II. 

How were the governments of the colonies changed when they 
became States? What exceptions to this description? Define the 
meaning of State Constitution. How derived? What other great 
principles are derived from the same source ? The Habeas Corpus <Act ? 
The Bill of Rights ? The Grand model ? What of the charter of the 
London and Plymouth colonies? How were most of the State Consti- 
tutions formed ? What three departments of government are provided 
for by all of these Constitutions? Define the powers of each? For 
what did the Constitutions of the thirteen original colonies form the 
model? Constitution of Texas? Territorial form of government? 
First attempt to form a Confederated government in America? Consti- 
tution of the same ? Convention of 1754 ? Why was its Constitution 
rejected? Why did the colonies begin to act together in matters of 
civil government? What of the Stamp Act Congress? The Second 
Continental Congress? The Declaration of Independence? Articles 
of Confederation ? When adopted? When ratified? Why did they 
prove unsatisfactory? Movement to amend? What convention met 
in Philadelphia in 1787? Results of its deliberations? How did this 
Constitution resemble those of the State governments? What great 
question confronted the framers of the Constitution ? How did it cul- 
minate? Give the views of the two parties on this question? How 
was a compromise effected ? How did many of the States look upon 
the new Constitution ? How many original States? For what was 
their government devised ? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. %(][ 



CHAPTER III. 

1. We will now. seek to learn something of the different 
kinds of government in the world, not only that we may 
form an intelligent idea of them, but that we may learn to 
appreciate our own grand and glorious Government as we 
should. 

2. A Monarchy is a government by a single person. In 
different countries this person has a different title. If the 
country is an empire, the ruler is called an Emperor, Czar, 
or Sultan. If it is a kingdom, he is called a King, or, if the 
ruler is a female, a Queen. If the country is a Principality, 
the ruler is called a Prince; if a Duchy, he is called a Duke. 
There are two kinds of Monarchies, the Absolute and Lim- 
ited. An Absolute Monarchy is one in which all the power 
is vested in one man. Russia is an instance of an Absolute 
Monarchy, the government being entirely vested in the 
Emperor or Czar, the ruler of the country. A Limited 
Monarchy is one in which the power of the monarch is 
limited by the constitution and the laws of the country, 
which provide that the ruler must share his power with the 
legislative body of the country. England is the most pow- 
erful limited monarchy in the world, though at one time its 
government was an absolute monarchy of the severest form. 
England is still ruled by a sovereign, but there are also two 
bodies of men, or two Houses, as they are called, which 
share her power. These are the House of Lords and House 
of Commons. 

3. An Aristocracy is a government in which the power is 
lodged in the hands of the nobles or aristocrats. All history 
goes to prove that an aristocracy is the poorest form of 
government a country can have. A Republic is that form of 

14 



306 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

government in which the supreme power is vested in the 
people, or delegated to representatives elected by the people. 
A republic binds men together by strong ties of fellowship, 
as in a bond of affection and brotherly love. The United 
States is the highest form of a republican government. 

4. As our laws are so nearly related to those of England, 
we will institute a comparison between the two forms of 
government showing the points of similarity and the points 
of difference. In the first place, the English Constitution is 
based upon custom, the people having never attempted to 
commit their frame of government to writing. They con- 
sider that action of authorities constitutional which is 
customary, or which has been determined by a law of 
Parliament. There was a time when the Crown had an 
undoubted right to veto a bill passed by Parliament, but, as 
the English Constitution is now understood, it has no such 
right. The Queen of England can not refuse to sign any 
document unanimously sent to her by both Houses. At one 
time, also, the Crown had the right to choose its own min- 
isters, but that right once constitutional has now, by the 
demand of the people, become unconstitutional. At one 
time the House of Lords had equal powers with the House 
of Commons, but it is now understood that the Constitution 
furnishes to the House of Commons enough power to pass 
any bill, no matter how violently the Lords may oppose the 
measure. 

5. Another way in which the English differs from the 
American government is in the union of executive and legis- 
lative power. In America the tendency is toward placing 
the business of the three departments of government more 
and more in the hands of separate officers, while in England 
the opposite tendency prevails, especially as regards legis- 
lative and executive business. This is known in political 
circles as Centralization of Power. What is known as the 
English Cabinet is composed of members either of the House 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 307 

of Lords or the House of Commons. The Prime Minister is 
the leader of the party, having a majority in the House of 
Commons, and the various members of the Cabinet are 
chosen by him from the same party. 

6. If Congress or one of our State Legislatures should 
pass a law which was in conflict with the Constitution, our 
courts would decide that such a law was null and void. In 
England, however, the courts have no such discretion. 
Whatever the British Parliament enacts becomes the law of 
the land. 

7. We will now compare our State and Federal Govern- 
ments. As we have already shown, the United States is 
divided into States and Territories ; the States are divided 
into counties, and the counties into townships. There is 
a marked difference between the executive department of 
the Federal Government and the same department of a State. 
The Governor of a State is, as a general thing, in no wise 
responsible for the execution of the laws. This responsi- 
bility rests with the officers of the county, town, township, 
or city who were elected by the citizens of the locality. 
The President of the United States, however, and the men 
whom he calls to assist him, are personally responsible for 
the execution of Federal laws. 

8. The constitution of a city government is established 
by the authority of the State in which it is situated. In 
large cities there are legislative bodies with a wide range of 
power. The Mayor is the chief city executive, and he, in 
connection with the city courts, decides cases arising under 
the laws of the city. In these respects the constitution of 
a city resembles that of the United States. 

There is one remarkable difference, however, between 
the constitution of a city and the Federal Constitution. 
Appeal may be made from the decisions of the city courts 
to the Supreme Court of the State, but in cases involving 
the interpretation of the Federal Constitution, the Supreme 



308 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Court of the United States is the final authority, from which 
there is no appeal. 

9. The work of education at the public expense was begun 
at an early day in the history of our Government. In 1787 
the Continental Congress passed an ordinance for the gov- 
ernment of the territory north of the Ohio river. This 
ordinance provided that schools and the means of education 
should be forever encouraged, and the sixteenth section in 
each township was set apart for the support of the public 
schools. The proceeds of the section set apart in this way 
come into the treasury of the State, and the State is thus 
committed to a public school system. In this way education 
was extended to the West and some portions of the South. 
As early as 1803-4, Mississippi, while yet a Territory under 
the governorship of C. C. Claiborne, was granted an Act by 
Congress reserving the sixteenth section in each township 
for the support of schools within the same. 

10. The School District means the area set apart for the 
country school. There are two distinct uses of the word 
district, one meaning the area for a single school, the other 
an area for school government ; towns and cities in nearly 
all cases having a school government entirely separate from 
the country schools. In Mississippi the " separate school 
district" of the larger towns has done more to promote the 
educational interests of the State than any other agency. 
School districts are under a variety of systems of govern- 
ment, as (1) the district system, in which the business is 
in the hands of officers chosen by the district area for one 
school ; (2) the township system, in which officers chosen 
by the township have full control of all the schools in 
the township; (3) the mixed district township system, in 
which the business is divided between officers chosen by the 
smaller and those chosen by the larger area. 

11. The work to be done is nearly the same in all local 
school governments, no matter what the form. The limits 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 309 

of the district being determined, the school house is located, 
either by vote of citizens, or by the proper school authori- 
ties. The local school officers fix the rate of wages for the 
teachers and the time during which the school shall be 
taught. They also employ teachers and co-operate in the 
government of the school. School district officers receive 
different names in the different States of the Union, being 
called variously School Committee, School Board, Trustees, 
Supervisors, or Directors. In Mississippi, the County Super- 
intendent, with the Board of Supervisors, constitute the 
School Board, having power to locate schools and decide 
upon other matters pertaining to the government of the 
county schools. The Superintendent alone has the power 
to license and employ teachers, and fix the rate of wages. 
In States where the school funds are not held by the town- 
ship, or county officers, there is a school treasurer. 

12. Schools are supported either by a State fund or a 
local tax. Many of the States have a fund derived from the 
sale of lands given to the State for that purpose by the gen- 
eral government. Early in the history of Mississippi, Con- 
gress donated to the State thirty-six sections of land for the 
benefit of education. After the location of these " Seminary 
lands," as they were called, they were leased to the highest 
bidder and the proceeds appropriated to the benefit of the 
youth of the State. The University of Mississippi, located 
at Oxford, was afterward made the beneficiary of these 
thirty-six sections of land. 

13. As one of the most difficult tasks in the work of edu- 
cation is the securing of suitable teachers, it has been found 
necessary to pass laws forbidding any one to teach in the 
public schools unless he has been examined by the proper 
school authorities and has received from them a certificate 
of ability to teach and govern a school. Teachers' certifi- 
cates are usually issued for a short time, one year or less, 
though in some States, notably Mississippi, the Superin- 



310 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

tendents are empowered, under certain circumstances, to 
issue certificates for a much longer period of time. 

14. In large towns and cities it has been found advisable 
to place the entire oversight of the schools in the hands of 
one person, known as the Superintendent. This officer, in 
many cases, devotes his entire time to grading the schools, 
planning work for teachers and improving the organization 
of the entire work under his care. In many States, Missis- 
sippi being one of the number, a superintendent for each 
county is appointed or elected, whose duty it is to examine 
teachers and issue certificates, to hold institutes for the 
instruction of teachers, to visit country schools, and to advise 
teachers in their work. In Mississippi, and in nearly all the 
other States, there is a Superintendent of Public Instruction, 
who has the general oversight of the educational work of the 
entire State. The Superintendents of the different counties 
are required by law to collect reports from the different dis- 
tricts and send them to the State Superintendent. In this way 
that official is informed of the condition of schools in all parts 
of the State, and is thus enabled to make a printed report to 
the Legislature, informing them of the needs of the schools. 

15. Most of the States maintain State Universities, and 
many of them Agricultural Colleges. The University of 
Mississippi, the Agricultural and Mechanical College for 
boys, and the Industrial Institute and College for girls 
are all maintained by the State and are all doing fine 
educational work. The Federal Government maintains an 
Academy at West Point for the education of army officers ; 
one at Annapolis for the education of the officers of the navy, 
a college for deaf-mutes at Washington, and a school for 
instruction in the signal service at Fort Whipple, Virginia. 
Congress also appropriates money for the education of the 
Indians. A Bureau of Education was established by the 
Government in 1867 for the benefit of the educational inter- 
ests of the land, 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 311 

QUESTIONS ON CHAPTER III. 

Why should we seek to learn of the different forms of government ? 
Define a Monarchy? Its ruler? Two kinds of Monarchies? Define 
and illustrate each ? An Aristocracy? A Republic? Highest form of 
a republican government. Institute a comparison between the gov- 
ernment of England and that of the United States? How is the power 
of the Queen of England abridged ? Powers of the House of Lords 
and the House of Commons? What opposite tendencies prevail in 
England and America, relative to the union of the executive and legisla- 
tive departments? What of the English Cabinet? The Prime Minis- 
ter? Suppose Congress should pass a law which was in conflict with 
the Constitution ? Supreme law of the land in England ? Compare 
the State and Federal Governments? Is the Governor of a State 
responsible for the execution of the laws? With whom does this 
responsibility rest? What of the constitution of a city government? 
The chief executive? Difference between a municipal and the Federal 
Government? When was the work of education at the public expense 
begun? Ordinance of 1787? Its provisions? Proceeds of this section? 
Public education in Mississippi? What of the School District? Two 
distinct meanings of the word district? " Separate School Districts" 
in Mississippi? Different forms of government in school districts? 
Work to be done in all forms of local school government? What con- 
stitutes the County School Board in Mississippi? Powers of the 
County Superintendent? How are public schools supported? How 
many sections of land did Congress donate to Mississippi for educa- 
tional purposes ? The University of Mississippi ? What of teachers' 
certificates? Granted for what period? What of City Superinten- 
dents? The County Superintendent and his duties? State Superin- 
tendent of Public Instruction ? How informed of the condition of the 
schools? State Universities and Agricultural Colleges? University of 
Mississippi? Agricultural and Mechanical College? Industrial Insti- 
tute and College? Academy at West Point, New York? How main- 
tained? Money for the education of Indians? Bureau of Education? 



312 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER IV. 

i. An important part of the business of government is to 
collect taxes, to provide for the safe-keeping of the money 
thus secured, and to expend it in such a way as to secure 
the objects for which it was collected. The work of educa- 
tion, the building of roads, provision for the unfortunate 
classes, the administration of justice, the support of armies 
and navies, and the many other things which the Govern- 
ment is called upon to do, make a constant demand for a 
large amount of money or property, hence the necessity for 
taxation. 

2. The greater part of the tax collected by authority of 
the State is levied directly upon individuals and upon prop- 
erty. Some States levy a tax upon all voters, or upon all 
able-bodied men of a given age. This is called a poll-tax, 
and is sometimes collected by requiring the person taxed to 
work upon the public highways. The State governments, 
however, rely for support chiefly upon the tax which is 
levied upon property. To collect a property tax there must 
first be a valuation of the property. Assessors of taxes are 
chosen by towns, townships, and cities, and these officers 
make a list of all tax-payers and all taxable property within 
their respective localities, being required to affix the true 
value to all the property in the list. The value affixed to 
property in the assessor's list is generally less than its real 
value, but this makes no difference in the result, since, if 
the sum which stands for the value of the property be small, 
a proportionally higher rate is paid. The point of greatest 
consequence in the valuation is that no tax-payer's property 
be rated either higher or lower than that of others. Errors in 
the assessors' lists are corrected by a local representative 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 313 

board, and if all the property within the township is propor- 
tionally valued, it makes a just list for the collection of the 
township tax. For the collection of a county tax, where the 
township is associated with other towns, the lists are not 
just unless all the towns are rated on a uniform valuation. 

3. A County Board of Equalization receives a copy of 
each of the assessors' lists and compares them, making such 
changes as justice demands. A State Board of Equalization 
then receives the lists from all the counties and corrects ine- 
qualities between the different sections. When the taxable 
property is legally valued, the various governments within 
the State can determine the rate of taxation. A representa- 
tive School Board, or a meeting of voters in the school dis- 
trict, fixes the amount of tax to be raised in the school 
district and the rate of the school tax. The citizens in town- 
meeting vote a tax for the needs of the township. For 
incorporated towns and cities the town or City Council fixes 
a tax. A County Board estimates the expense of the county 
government and levies a corresponding tax upon the county. 
The State Legislature determines the amount of money nec- 
essary for the payment of State officers and the support of 
the State institutions and other objects, and prescribes the 
tax to be paid into the State Treasury. 

4. In some States, the township is the chief collecting 
agency ; in others, the county. The book containing the 
assessors' lists passes into the hands of the county treasurer, 
and the law fixing a time for payment, if the tax is not paid 
before the specified time, a fine or penalty is added. If the 
tax is not paid before a still further specified time, the prop- 
erty is sold at public auction. The government, in this 
way, collects enough money to pay the tax and all of the 
expenses incurred in the sale, and gives to the purchaser 
a tax-title to the property. The money thus collected by 
the county treasurer is for the support of school districts, 
townships, incorporated towns, and cities, the county and 



314 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

State. The county treasurer is required to give a bond, 
and another county officer, or Auditing Board, is required to 
keep a strict account of all the money paid into or out of the 
county treasury. The treasurer pays out no money save 
at the command of the auditor, and the accounts of the two 
officers must correspond. 

5. Besides this general tax, there are collected, in incor- 
porated towns and cities, upon houses and lots, taxes for the 
improvement of streets adjoining. Other taxes, under the 
name of licenses, are collected for certain kinds of business, 
such as the selling of intoxicating drinks. The government 
also receives the money from fines and forfeitures, but all 
these sources of income amount to but little in comparison 
with the general tax upon property. Some forms of prop- 
erty are exempt from taxation in the general property tax. 
The assessor makes a list of taxable property only. States 
generally exempt a portion of the personal property, includ- 
ing the tools and utensils of laborers. Churches, parson- 
ages, institutions of learning, and various charitable institu- 
tions are in most States exempt, on the ground of their 
advantage to the public. The greater part of the tax is 
collected from real estate. 

6. The Constitution of the United States forbids the 
States to derive a revenue from a duty upon goods imported 
or exported. The Federal Government has at times received 
a large revenue from the sales of public lands, but at the 
present time the revenue from this source is comparatively 
insignificant. The collection of money from the sale of 
public lands belongs to the Department of the Interior. The 
Post-office Department is supported chiefly by the receipts 
for postage. The policy of the Government is to collect no 
more revenue from this source than is necessary for its 
support, and there has usually been a deficiency that had to 
be made up from other sources. 

7. What is known as Internal Revenue is a tax on com- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 315 

modities produced in this country. It has often been the 
case that this tax is levied upon commodities that were 
injurious to the people, and one object of the tax laid upon 
them has been to discourage their production and use. The 
articles from which the greater part of the internal revenue 
is now derived are tobacco, beer, and distilled liquors. A 
Commissioner of Internal Revenue, belonging to the Treas- 
ury Department, supervises the collection of this tax. 

8. By far the most important source of revenue to the 
Federal Government has been customs or duties upon 
imported goods, and during the entire history of the country 
more has been collected from this source than from any 
other. The commodities upon which duties are imposed are 
numerous, but the greater part of the revenue is derived 
from a few. One object of the tariff has been to encourage 
home production. A foreign commodity is taxed for the 
purpose of preventing its sale in America in equal competi- 
tion with home products. A duty for this purpose is called 
a Protective Tariff. A tax on imports maintained solely to 
raise revenue for the support of the Government is called a 
Tariff for Revenue. 

9. The collection of duties upon imported goods is also a 
part of the business of the Treasury Department. Ports of 
entry where ships are authorized to unload are established 
by the Government, and collection districts, more than a 
hundred in number, with collectors in each port and district. 
In the matter of direct taxation, the peculiar relations exist- 
ing between the State and Federal Governments are fully 
illustrated. The Constitution gives to Congress full power 
of taxation with one single exception, that of levying export 
duty. Congress, however, seldom attempts to levy direct 
taxation, though if the States held the same relation to the 
Federal Government that the counties hold to the States, the 
matter of securing revenue would be greatly simplified. 
Congress would then only have to determine the amount to 



316 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

be raised, and apportion, according to population, the proper 
share of each State. 

10. An incorporated town or city is one with a govern- 
ment having special corporate powers, granted to it by the 
Legislature of the State in which it is situated. In some 
States all of the cities are classified together, according to 
population, and are required to conform to a general plan for 
city government, though in other States special laws for the 
organization of cities are prohibited. In still other States 
the Legislatures grant special charters to cities, making laws 
for them separately. The officers of a city government are: 
(i) A law-making body, whose members are called alder- 
men, council, etc. (2) A chief executive officer, called the 
mayor. (3) City or police courts, and in large cities an 
organized police, a treasurer, solicitor, street commissioners, 
and other officials of minor importance. 

11. The dense population of cities renders peculiar 
methods of governmental administration necessary. In 
educational matters, highways, taxation, the care of the 
poor, and holding elections, the work of the school district, 
the township and the county, is assumed by the city gov- 
ernment. The schools of the town and city differ from 
those of the country. The paving of streets, their cleans- 
ing and convenience for pedestrians must all be looked after 
by the municipal authorities, and as the proportion of 
paupers is much greater in the city than the country, laws 
for their relief must be enacted. Hospitals must be sus- 
tained and tenement houses regulated and inspected. Cities 
also have power to prescribe the sort of building material to 
be used in the construction of houses, to maintain agencies 
for preventing and extinguishing fires, to pass ordinances 
for the protection of the citizens from contagious diseases, 
and to make laws for the preservation of order. 






HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 317 

QUESTIONS ON CHAPTER IV. 

What is one of the most important features of government? For 
what purposes are taxes collected ? State taxes ? How levied ? Upon 
what do the State Governments rely mainly for support? Tax asses- 
sors? Their duties? Value affixed to property? Point of greatest con- 
sequence in valuation ? Correction of errors ? County Board of 
Equalization? State Board? What body fixes the school tax? The 
township? Towns and cities? County tax? State tax? Chief col- 
lecting agency in the different States ? Fines and penalties ? Tax title ? 
The county treasurer? The auditor? Taxes in incorporated towns 
and cities ? Other taxes ? Forms of property exempt from taxation ? 
Greatest part of the tax collected ? What is forbidden by the Consti- 
tution of the United States? Revenue from the sale of public lands? 
To what department does it belong ? How is the Post-office Depart- 
ment supported chiefly? Policy of the Government in this respect? 
What is the Internal Revenue tax? Articles from which the greatest 
revenue is drawn ? Who supervises the collection of this tax ? Name 
the most important source of revenue to the Federal Government? 
One object of the Tariff? Protective Tariff? Tariff for Revenue? 
The collection of duties upon imported goods ? Ports of entry ? The 
single exception in the power of taxation given by the Constitution to 
Congress? What is an incorporated town or city? Law of some 
States? Of others ? Name the officers of a city government? What 
function does the city government assume? 




318 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER V. 

1. The school teacher is usually employed by a School 
Board. The method of electing teachers by popular vote 
has, in some cases, been employed, but it is not satisfactory. 
Where a school district does not contain a teacher, the 
teacher must be obtained elsewhere. Only that class of 
persons who make teaching their business are especially 
fitted for the work, and if their services are limited to the 
district in which they reside, as is customary where the 
teacher is chosen by popular vote, there would be little 
encouragement to prepare for professional work. All officers, 
however, derive their authority, directly or indirectly, from 
a popular election. 

2. Where the County Superintendent is chosen by popular 
election, each county is limited to candidates residing within 
its own borders. Where the State makes it the duty of a 
chosen few to employ the County Superintendent, there is 
much more likelihood of a suitable person being employed. 
When a city is in need of a superintendent to manage its 
schools, authority is given its School Board to select one. 
From this we learn that where the responsibility of choosing 
rests upon a few, a wise choice may be anticipated. 

3. An important part of the business of government is 
the holding of elections. In rural districts the voting pre- 
cinct is usually a township, and small towns and cities are 
usually precints for the casting of votes, while large cities 
are subdivided for voting purposes. The laws of the State 
prescribe the manner of holding elections. The officers are 
required to keep the polls open during certain hours, to 
receive the votes of all who have a right to vote, and to 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 319 

exclude others. After the closing of the polls, the officers 
count the votes and make a list of all the persons who 
receive votes, and of the number which they receive. Those 
who receive the greatest number of votes for offices within 
the precinct are declared elected. In cases of county, State, 
and national offices, the lists are sent to a County Board, 
whose duty it is to meet at a time specified by law, and can- 
vass the votes. The result of the vote for county officers is 
declared by the County Board, which sends the lists of votes 
for the more general officers to the State Board of Canvassers. 
The State Board, after making a canvass of the vote for all 
the remaining officers, declares the result. 

4. Instead of voting directly for the President and Vice- 
President of the United States, the people of each State 
choose what are known as presidential electors, for whom 
they vote. According to the Constitution of the United 
States, each State is required to choose as many electors as 
there are Senators and Representatives from the State. 
These electors are chosen at a general election held in 
November, in each fourth year. The votes are canvassed 
in the same way as those for other State officers. The Con- 
stitution lays down the following rules for the election : 

(1) The electors shall meet in their respective States 
and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State 
with themselves. They shall name in their ballots the per- 
son voted for as President, and in distinct ballots the person 
voted for as Vice-President, and they shall make distinct 
lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for 
each, which lists they shall sign and certify, and transmit, 
sealed, to the seat of the Government of the United States, 
directed to the President of the Senate. The President of 
the Senate shall, in presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall 



320 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

be counted ; the person having the greatest number of 
votes for President shall be the President, if such number 
be a majority of the whole number of electors appointed ; 
and if no person have such majority, then from the persons 
having the highest numbers, not exceeding three on the list 
of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote ; 
a quorum for this purpose shall consist of a member, or 
members, from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. And if the 
House of Representatives shall not choose a President when- 
ever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other 
constitutional disability of the President. (2) The person 
having the greatest number of votes as Vice-President, shall 
be the Vice-President, if such number be a majority of the 
whole number of electors appointed ; and if no person have 
a majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President ; a quorum for 
the purpose shall consist of two-thirds of the whole number 
of Senators, and a majority of the whole number shall be 
necessary to a choice. (3) But no person constitutionally 
ineligible to the office of President shall be eligible to that of 
Vice-President of the United States. 

5. This clause is not carried out as it was intended to be. 
For, you know, the people now nominate their candidates 
and vote for the electors, and these are expected to vote for 
their candidate. If, however, by any action of his own, a 
candidate proves himself unfit for this high office, the 
electors are under no obligations to vote for him. You 
notice that, if the electors fail to elect a President, the House 
of Representative proceeds to elect one, because the House 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 321 

of Representatives, being the larger body of Congress, the 
choice comes more directly from the people. The privilege 
of electing the Vice-President, when the electors have failed 
to do so, is given to the Senate, because when elected he 
becomes their presiding officer. 

6. It has happened several times that two sets of electors 
have claimed to be elected in a single State, and each set 
has sent to the President of the Senate a list of its votes. 
This state of affairs always threatens serious trouble, as in 
the case of Samuel J. Tilden and Rutherford B. Hayes, in 
1876, duplicate lists having been sent to the President of 
the Senate from three Southern States. Congress, in this 
case, averted danger by creating a special Board, consisting 
of five Representatives, five Senators, and five Justices of 
the Supreme Court, to decide in advance which of the dis- 
puted lists should be counted. To avoid similar danger in 
the future, a recent act of Congress authorizes the Legisla- 
ture of each State to establish by law a special court to 
determine cases of disputed elections. 

7. The old English method of electing members of Parlia- 
ment was by show of hands, or other public sign. The 
secret ballot took the place of these methods in 1871. Some 
of the colonial charters provided for voting by ballot, and in 
some of the States and colonies it has always been used. 
Its use is now required by the constitutions of nearly all the 
States. The object of the ballot is that every citizen may 
cast his vote in secrecy, without fear or intimidation. 

8. The Australian ballot system, which has gained such 
favor, does not secure entire secrecy. Tickets are printed 
and distributed by those interested in the election. The 
appearance of the paper in the hands of the voter indicates 
his choice. 

Every State Constitution sets forth who have a right to 
vote. With certain limitations, " all male citizens of the 
United States over twenty-one years of age" 'have that 



322 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

right. Idiots, insane persons, and persons convicted of crime 
are not allowed to vote. There are requirements as to resi- 
dence. Some States have an educational test, and, in some, 
persons convicted of bribery at an election are disqualified. 

9. The regulation of the elective franchise is a power 
reserved to the States, or the people, and not upon Congress. 
The time, place, and manner of holding elections for Sena- 
tors and Representatives is to be prescribed by the Legis- 
lature of each State, but "Congress may, at any time, by 
law, make or alter such regulations, except as to the place 
of choosing Senators." The Fifteenth Amendment removes 
from the States the power to deprive a person of the elective 
franchise on account of race, color, or previous condition of 
servitude. 

Even with this limitation, however, the regulation of the 
franchise is still in the hands of the State, which may with- 
hold it for other reasons. 



QUESTIONS ON CHAPTER V. 

What of the employment and election of teachers ? Who alone are 
especially fitted for school work? From what source do ail officers 
derive their authority? Employment of the County Superintendent? 
Of the City Superintendent? What forms an important part of the 
business of government? Precincts for the casting of votes? Manner 
of holding elections ? What body declares the result of the election for 
county officers ? Name the manner of electing the President and Vice- 
President of the United States ? Requirements of the Constitution in 
regard to electors? Why is the clause relating to the eligibility of the 
President and Vice-President not carried out as was intended ? Suppose 
the electors fail to elect a President? What has happened several 
times? Mention a notable case? How did Congress interpose ? Act 
of Congress on this question since? What was the old English 
method of electing members of Parliament? Usage of the colonies? 
Present usage? Define the Australian ballot system? What does 
every State Constitution set forth? Give the law in this matter. 
What body regulates the elective franchise ? Has Congress any 
authority in the premises ? What of the Fifteenth Amendment? 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 323 



CHAPTER VI. 

1. Trial by jury originated with Alfred the Great, who 
ordained that every accused person should have the right of 
trial before twelve of his peers, who should pronounce judg- 
ment upon him. Before this, and even later, trial by ordeal 
and trial by battle were in vogue among both Normans and 
Saxons. As these practices were discontinued, the custom 
became universal of forming a jury of twelve to decide upon 
the guilt or innocence of the accused. This body was called 
a petit jury in distinction from the larger body, which made 
the accusation or indictment and received the name of grand 
jury. The grand jury consisted at first of twenty-four, but 
afterward of twenty-three members, of whom twelve were 
required to make an indictment. Little change has been 
made in the grand jury, but much in the petit jury. At 
first the twelve were chosen because they were supposed to 
be acquainted with the accused and the evidence, and they 
decided the case upon their own knowledge. If the original 
twelve were not agreed, others were added until twelve were 
found who would pronounce in favor of the guilt or the inno- 
cence of the accused. Witnesses were added to the jury 
about the year 1327, to give evidence, not to unite in the 
verdict. A century later the witnesses, instead of being 
added to the jury, were examined and cross-examined in 
open court. Three hundred years later still jurors were 
required — instead of deciding upon their own knowledge — to 
be guided wholly upon the evidence given in court. 

2. The jury system with some modifications was trans- 
planted to America and is still maintained, though some of 
the States have abolished the grand jury altogether ; and in 
others a grand jury may be composed of five persons only. 



324 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

In some States juries of a less number than twelve are 
authorized in some of the lower courts, and in some the jury 
is not required to be unanimous in order to form a verdict. 

3. The offices of sheriff and constable have, like the 
courts themselves, come down to us from remote antiquity. 
The sheriff, as the head man of the county, has a great 
variety of responsible duties, though his powers, in modern 
times, have been greatly restricted. The office of constable, 
once so important, now remains only as a local police and 
ministerial office. The coroner's office, also, has lost the 
importance once attached to it, and the chief function 
thereof is to hold inquests over the bodies of persons who 
have died by violence or under suspicious circumstances. 

4. The courts with which the early English colonists in 
America had been familiar were: (1) The Justice of the 
Peace in Petty Session. (2) The Justices of the Peace 
in Quarter Session. (3) Assize Courts. (4) The High 
Courts. (5) The House of Lords and the Privy Council. 
Many features of this system were brought by the colonists 
to America. 

5. Three grades of the English system of courts were 
finally established in all the States of the Union. (1) The 
judicial business in the hands of Justices of the Peace is the 
court of the lowest grade, though the lower Police Courts of 
towns and cities belong to the same order. (2) In most of 
the States a District or Circuit Court has replaced what 
was once known as Courts of Quarter Sessions, though in 
some of the States the latter still exist. (3) A Supreme 
Court, consisting of a Chief Justice and one or more Associ- 
ate Justices, exists in each State. The system of courts 
intermediate between the Justice of the Peace and the 
Supreme Court varies greatly in the different States. 

6. A few of the States still maintain separate courts of 
equity. These courts try a class of civil cases where the 
stricter rules followed in other courts would be inadequate 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 325 

to redress wrongs or to prevent injustice. Relief is granted 
in this court that could not be given in a court of law. The 
Justice of the Peace, whose records are of temporary impor- 
tance only, is his own clerk. All of the courts of a higher 
grade are courts of record, and have an officer to keep the 
records. All the courts of record, except the highest court of 
the State, are connected with the county. The county pro- 
vides court houses, jails, juries, and the safe-keeping of all 
the records. The officer in charge of the records is called 
the County Clerk, or Clerk of the Courts. 

7. The chief business of the Supreme Court is to hear 
appeals from the lower courts on points of law. It reviews 
the action of the lower court, and may reverse its decision 
on account of errors in the application of the law. When 
the Supreme Court has decided a point in law, the lower 
courts in the State are required to follow its decisions. The 
records of the lower court are open to the examination of 
the public, but are not published. The reports of the 
decisions of the Supreme Court are much more elaborate, 
the judges giving their opinions in writing, and the case 
being explained and argued at length. If the judges of the 
Supreme Court do not agree, a majority may unite in giving 
the decision, and a minority may file a dissenting opinion. 
The Supreme Court has a clerk and a recorder, the business 
of the latter being to prepare the decisions of the court for 
publication. In each judicial district there is an officer called 
by different names, whose duties are: (i) To present cases 
to the grand jury and to draw indictments against those 
whom the jury decide to indict; (2) to appear on behalf of 
the State in the trial ; (3) to appear on behalf of the county 
in all suits in which the county or its officers are involved ; 
(4) to give advice on questions of law to county officers and 
Justices of the Peace. In Mississippi this officer is called 
the District Attorney. 

8. The Attorney-General is a State officer, whose duties 



326 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

correspond in many respects to those of the District Attor- 
ney, (i) He appears on behalf of the State in all suits in 
the Supreme Court in which the State is a party ; (2) he is 
required to give advice on points of law to State officers ; 
(3) in some States he is required to give advice, in writing, 
on legal constitutional questions presented to him by the 
Legislature ; (4) he may be required to prosecute a default- 
ing treasurer or other officer in charge of State funds. In 
some States he is prosecuting attorney in the trial of capital 
crimes. 

9. The United States maintains a system of courts similar 
to those maintained by the several States for the trial of 
cases arising under the Constitution and laws of the Federal 
Government. The Commissioners of the Circuit Courts are 
the most widely distributed of the judicial officers of the 
United States. Each circuit judge is empowered by law to 
appoint as many discreet persons as he may deem necessary 
to serve as commissioners. The chief of their duties is 
assisting the District and Circuit Courts in taking evidence 
to be used in trials, and arresting and holding for trial 
persons accused of crime against the United States. The 
Commissioner of the Circuit Court of the United States does 
the same work for the Federal Government that a justice of 
the peace does for the State. Any judge or magistrate, of 
either the State or the Federal Government, may order the 
arrest of a person charged with crime against the United 
States ; so we have two governments, with officers in almost 
every township, as a justice of the peace in cases of Federal 
crimes is acting not as a State officer, but as a Federal officer. 

10. The good order of society requires that those who 
violate the laws of the land shall be punished. To do this 
the law has power to imprison any person against whom 
there is evidence of crime. In this way innocent persons 
may be sent to jail. A person deeming himself unlawfully 
imprisoned, may apply for a release by a writ of habeas 






HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 327 

corpus. When examined, if found to be unlawfully impris- 
oned, he is set free. 

11. The District Court is the lowest regular court in the 
Federal system. There is a district judge in every State 
in the Union. A district attorney is associated with every 
District Court. His duty is to appear on behalf of the 
United States in all suits where the Government is a party. 
The Circuit Court is intermediate between the District 
Court and the Supreme Court of the United States. There 
are nine Circuit Courts in the United States, with a judge 
for each circuit. Congress established a Court of Appeals 
in each of the nine circuits in 1891. The Supreme Court of 
the United States consists of a chief justice and eight 
associate judges. Cases of appeal from the lower courts, 
and all cases in which the State or any foreign minister is 
a party, are heard in the Supreme Court. 

12. Legal business, in the ordinary acceptation of the 
term, is divided into three classes: (1) Criminal cases; 
(2) Civil cases; (3) Probate business. Criminal cases are 
those whose object is the infliction of some penalty for the 
violation of law. Civil cases are such as arise between 
citizens in the enforcement of contracts, and in securing 
damages for injuries. Probate business relates to the prov- 
ing of wills, the settling of the estates of deceased persons, 
and the guardianship of minors and other persons disqualified 
by law for managing their own affairs. 

13. A mandamus is an order from a court commanding 
a civil officer to perform a specific duty. An officer who 
still refuses to act may be sent to prison for contempt of 
court. An injunction is an order from a court restraining an 
officer or person from the doing of some specified wrong. 



QUESTIONS ON CHAPTER VI. 

With whom did trial by jury originate? What methods prevailed 
before this, and even later? Give the distinction between the petit and 



328 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

the grand jury. In which branch has most change been made? 
First usages ? When and for what purpose were witnesses added to 
the jury? Later changes in this regard ? What of the transplanting 
of the jury system in America? Are juries ever composed of a less 
number than twelve? What of the offices of Sheriff and Constable? 
What of the Coroner's office ? With what courts were the early Eng- 
lish colonists in America familiar ? Name the three grades of the Eng- 
lish system of courts finally established in all the States of the Union? 
What of separate courts of Equity? What of the Justice of the Peace? 
What does the county provide? What is the chief business of the 
Supreme Court? The records of the lower courts? Reports of the 
decisions of the Supreme Court ? Officers of the Supreme Court ? 
Duties of the District Attorney ? Of the Attorney-General ? System 
of courts maintained by the Federal Government? Commissioners of 
the Circuit Court? The chief of their duties? What two govern- 
ments in almost every township ? What does the good order of society 
require? What power has the law in this respect? Writ of habeas 
corpus? Lowest court in the Federal system? District Judges and 
Attorneys? Circuit Courts? Number in the United States ? Supreme 
Court of the United States ? Right of appeal ? Into what three classes 
is legal business divided ? Define each ? What is a mandamus ? An 
injunction? 




HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 329 



CHAPTER VII. 

1. The Constitution provides that the House of Represen- 
tatives shall be composed of members chosen every second 
year by the people of the several States. If at the end of 
two years a member of the House has shown by his action 
that he is not fit to represent the people, some one else can 
be elected to take his place. If he has shown himself to be 
the " right man in the right place," the people can re-elect 
him for another term. There is some similarity between 
our House of Representatives and the English House of 
Commons, but not so much as is generally supposed. The 
members of the House of Commons are elected for seven 
years, but they seldom serve that length of time. It is 
acknowledged that the House of Commons is a much more 
able body of men than the House of Lords, which goes to 
prove that the people can be trusted to select their law- 
makers, if they are but given the opportunity to do so. 
This fact proves also the efficiency of a republican form of 
government, where all the law-makers and other officers of 
the Government are elected by the people or their represen- 
tatives. 

2. The Constitution also provides that no person shall be 
a representative who shall not have attained to the age of 
twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. The 
framers of the Constitution thought very wisely that a man 
under twenty-five years of age has not obtained to maturity 
of character or judgment, and, hence, is too young for such 
an important trust. No man knows the wants of Mississippi 
so well as he who lives in Mississippi — hence, it is important 



330 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

that a man, when elected a Representative, must be an 
inhabitant of the State in which he is chosen. 

3. A naturalized citizen is one who has been adopted by 
the country in which he lives. When he signs papers 
promising to become a citizen of a country, fight for its laws 
in time of war, and do all other acts that a person born in 
that country is required to do, he becomes a citizen, entitled 
to all the rights and privileges of the same with the following 
exceptions : He can not ever be elected either President or 
Vice-President of the country ; he must have a two years' 
residence, after naturalization, to be a Representative, and 
four years to be a Senator ; providing, first, however, that 
before applying to be naturalized he has lived in the country 
not less than five years. The law also provides that 
a declaration of intention to become a citizen must be made 
at least two years before naturalization, except in the case 
of those who have been honorably discharged from one 
year's service in the army or navy of the United States. 
In most countries naturalized citizens are not allowed to take 
any part in the affairs of government, but in the United 
States it is believed that any intelligent man, who has lived 
in a country for seven years, is capable of helping to make 
and administer its laws. 

4. Another clause of the Constitution says : When vacan- 
cies happen in the representation from any State, the 
executive authority thereof shall issue writs of elections to 
fill such vacancies. So if a member of the House dies, or 
for any other reason his seat becomes vacant, the Governor 
of the State which he represents calls an election for the 
purpose of filling his place. The Constitution also provides 
that each State shall have at least one Representative, and 
can not have more than one for every thirty thousand 
people. As the country increases in population, the ratio 
of representation changes. 

5. The Constitution further says that the House of Repre- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 331 

sentatives shall choose their speaker and other officers, and 
shall have the sole power of impeachment. The Speaker is 
the officer who presides over the House. Unlike the House 
of Commons, whose speaker is dependent upon the king's 
will, the House of Representatives of the United States is 
independent. Impeaching an officer, is charging him with 
crime or misbehavior in office. When an officer has been 
impeached by the House, he has a trial before the Senate or 
Upper House of Congress. This is not different from the 
English method, which gives to the House of Commons the 
power of impeachment, and to the House of Lords the power 
of trial of the one impeached. 

6. The Senate of the United States, according to the 
Constitution, must be composed of two Senators from each 
State, chosen by the Legislature thereof for six years, and 
each Senator shall have one vote. It is easy to see why it 
is desirous that the best men of the land shall be elected to 
the United States Senate. It is also easy to see how it can 
be done, as in the first place the people choose those whom 
they consider their best men for their State Legislature, and 
these men, who come from all parts of the State, have the 
selection of the United States Senators. Every State, 
whether large or small, has two Senators. California is 
many times larger than Rhode Island, yet Rhode Island has 
as many votes in the Senate as California. The large States 
have so many more members in the House of Representatives 
than the small, that this is considered just and right. 

7. The Senators are elected for six years. If, at the end 
of six years, all the Senators were new men, who had never 
had any experience in law-making, the attempt might be 
very dangerous for the country According to the Consti- 
tution, however, every two years one-third of the Senators 
are newly elected, while two-thirds are old members and 
know all about the duties of the Senate. Should a Senator 
die or resign his office, and the Legislature of his State be 



332 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

not in session, the Governor of the State appoints some 
man to act as Senator for that State until the Legislature 
meets and elects one. For instance, when Senator Lamar 
resigned his seat in Congress to take a place in Mr. Cleve- 
land's Cabinet, Governor Lowry, of Mississippi, appointed 
General E. C. Walthall to act as Senator from that State to 
fill out Mr. Lamar's unexpired term. When the Legislature 
of Mississippi met again, General Walthall was chosen as 
Mr. Lamar's successor. 

8. No person who has not attained the age of thirty years 
and been a citizen of the United States for nine years is 
eligible for the office of United States Senator. A Senator 
must, when elected, be an inhabitant of the State in which 
he is elected. There are good reasons why Senators should 
be older than Representatives. The responsibilities of their 
office is greater, and for this reason they should be men of 
mature years. While the English House of Lords is some- 
times said to resemble our Senate, there is really very little 
similarity. The House of Lords is composed of what are 
called the peers or noblemen of England, sixteen represen- 
tative peers of Scotland, and twenty-eight representative 
peers of Ireland ; also the bishops and archbishops of the 
Church of England. The noblemen receive different titles, 
as duke, marquis, earl, viscount, and baron. * 

9. To be elected to our Senate a man must show some 
talent, and very few, if any, ignorant men ever reach that 
exalted place in the councils of our nation. In the English 
House of Lords, however, no matter how little intelligence 
a man may display, if he was born a nobleman, he can not 
be deprived of his seat. All persons in England under the 
degree of nobility are called commoners, though if the 
sovereign of England so wills, he may create peers out of 
commoners. 

10. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless they 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 333 

be equally divided. If the Senate were to choose one of its 
own number for speaker or president, the State which this 
one represents would be deprived of one of its Senators. 
The President of the Senate has also power enough often to 
influence the course of legislation, and, therefore, the State 
which he represented as Senator would have more than its 
share of power. Those who framed the Constitution 
thought that it would be best to make the Vice-President of 
the United States the President of the Senate, from the fact 
that he belongs not to any one State, but to the people at 
large, because he has been chosen by them for this high 
office, the second in the gift of the nation. The Constitu- 
tion provides that in the absence of the Vice-President, or 
when he shall exercise the office of President of the United 
States, the Senate shall choose a President pro tempore. This 
is a wise provision, and just before Congress closes its 
session the Vice-President retires, and then the Senate elects 
a President pro tempore, so that should the President of the 
United States die before the next session, the Vice-President 
becomes President of the United States, and the Senate can 
begin work at once, as there is a President to preside. 

11. The Senate, as we have before stated, has sole power 
to try all impeachments. When sitting for that purpose 
they are placed on oath or affirmation. "When the Presi- 
dent of the United States is tried," says the Constitution, 
"the Chief Justice shall preside, and no person shall be con- 
victed without the concurrence of two-thirds of the members 
present. We can easily see the wisdom of the provisions 
in this clause. It is far easier to call a man guilty of a 
crime than it is to prove his guilt, so the framers of the 
Constitution placed the power of impeachment in the House, 
but gave to the older and wiser body the sole power to try 
all impeachments. Judgment in case of impeachment shall 
not extend further than removal from office and disqualifica- 
tion to hold and enjoy any office of honor, trust, or profit, 



334 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

under the United States, but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial and 
punishment according to law. Thus we see that though a 
man who is impeached may be tried and found guilty by the 
Senate, the Senate can punish him only by removing him 
from office. If his offense is such as can be punished by 
law, he is entitled to have another trial by jury. In this 
way we learn that there is only one way by which a man 
in our country can be deprived of liberty or put to death, 
and that is, after he has had a fair trial and has been found 
guilty of an offense. The English House of Lords may 
inflict banishment from the country, deprive a man of his 
liberty or property, and even pass sentence of death upon 
him. 



QUESTIONS ON CHAPTER VII. 

What does the Constitution provide in regard to the members of the 
House of Representatives? How long does his term of office last? 
Is there much similarity between this body and the English House of 
Commons? What is acknowledged as to the superiority of the House 
of Commons ? What does this prove ? Qualifications for membership 
in the House of Representatives ? Why is it important that a man be 
an inhabitant of the State he represents? Meaning of the term 
"naturalized citizen?" What is required of a foreigner wishing to 
become naturalized? To what offices must he ever remain ineligible? 
What conditions must be fulfilled before he can become a member of 
Congress ? What else does the law require in this case, and what ex- 
ception is made? The law in other countries in regard to naturalized 
citizens ? Law in regard to vacancies in the representation of a State? 
What if a member of the House dies or resigns? The basis of repre- 
sentation ? Powers of the House ? Who is the Speaker ? Meaning of 
impeachment ? Case of an officer impeached by the House ? Of what 
must the Senate of the United States be composed ? Why is it desirous 
that the best men of the country should sit in the Senate? How does 
this requirement secure such a result? Basis of representation in the 
Senate? How long does the term of a Senator last? Show how the 
Constitution secures two-thirds of the members from men of experi- 
ence ? Suppose a Senator dies or resigns his office ? Case of Senators 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



335 



Lamar and Walthall? What are the qualfications of a United States 
Senator? Why should a Senator be a man of mature years? The 
English House of Lords? Can an ignorant man sit in the United 
States Senate ? hi the English House of Lords? Who must be Presi- 
dent of the Senate ? Show why this is a wise provision ? Who shall 
be President of the Seriate in the absence of the Vice-President? Is 
this a wise provision ? What sole power has the Senate ? What is 
necessary for conviction ? Why is this also a wise provision ? To 
what shall judgment, in case of impeachment, extend ? In what way 
alone may a man under our government be deprived of life or liberty? 
Power of the English House of Lords in this respect ? 




336 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER VIII. 

i. We come now to describe the time, place, and manner 
of holding elections for Senators and Representatives. The 
State Legislature prescribes all three, but Congress may, 
at any time, by law, make or alter such regulations, 
except as to the place of choosing Senators. There are 
good reasons for this. Should the Legislature of a State, 
through negligence or disloyalty, fail to call an election, 
Congress can do so in order to protect itself, and as Congress 
meets at least once a year, there can be no chance for the 
country to suffer from want of legislation. 

2. Each house shall be the judge of the election returns 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members in such 
manner and under such penalties as each house may pro- 
vide. It might happen that two men from the same State 
might each claim to be the regularly elected Senator or Rep- 
resentative from that State. In such a case the House to 
which the man claims to have been elected hears both sides, 
and then determines who is entitled to the seat. If some 
other tribunal had this power, there might be times when 
the temptation to give a partisan decision would arise, but 
no such temptation can occur, as the Constitution now pro- 
vides. In the history of Mississippi from time to time 
" contested election " cases have been decided in the House 
of Representatives in this way. One of the most famous 
was that of Prentiss and Ward against Claiborne and 
Gholson, and it was during the progress of this trial that 
S. S. Prentiss acquired a national fame for oratory. 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 337 

3. It is a wise provision that the making of the laws is 
left in the hands of a majority, otherwise a small number 
of either House might meet and make bad laws to carry out 
some scheme of their own. There might also come a time 
during some great political excitement when a majority of 
either House might stay away, hoping, by so doing, to 
obstruct legislation. To prevent this, the Constitution gives 
the minority power to oblige the majority to be present. 
The English House of Commons can do business with a 
comparatively small portion of the members present, the 
quorum in the House of Lords, including the Chancellor, 
being only three. 

4. Each House has power to determine the rules of its 
proceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member. 
In making each House an independent body, the framers of 
the Constitution showed great wisdom. The rules that 
govern the House are called "Parliamentary Law." A 
thorough knowledge of parliamentary law is indispensable 
to the making of an intelligent citizen. Every member of 
Congress is obliged to respect these rules or laws. One 
important rule is, that no bill, or proposed law, shall be 
passed without being read before the House three times, 
and, furthermore, the three readings shall not take place on 
the same day. A bill is sometimes introduced which sounds 
at first as if it would be an excellent law, but upon the 
second or third reading it is discovered that it might be a 
very unwise one. It hardly ever happens that one party 
has a two-thirds majority, hence, according to the Constitu- 
tion, no member can be expelled on mere party grounds. 

5. Each House shall keep a journal of its proceedings, and, 
from time to time, publish the same, excepting such parts 
as may, in their judgment, require secrecy ; and the yeas 
and nays of the members of either House, on any question, 
shall, at the desire of one-fifth of those present, be entered 

15 



338 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

on the journal. As the members of Congress are the agents 
of the people, it is just and right that the people should know 
what their agents are doing. A man voting on a bill will 
be very careful if he is voting by yea or nay, if he knows 
that at any future time his constituents can tell just how he 
voted. The yeas and nays are obtained by having the 
clerk call the roll, and those members who are in favor of 
the bill, when their names are called, say "yea;" those 
opposed, "nay." The answer of each member is written 
opposite his name. 

6. The Senators and Representatives receive such com- 
pensation for their services as the law decides, the same to 
be paid out of the treasury of the United States. In all 
cases, except treason, felony, and breach of the peace, they 
are privileged from arrest during their attendance at the 
session of their respective Houses, and in going to and 
returning from the same. They shall not be questioned in 
any other place for any speech or debate made in either 
House. These regulations are among the most important in 
the Constitution. If payment were left with the different 
States, it might not always be prompt or sure, and so, many 
times, the Senators or Representatives might feel that they 
need not attend and work for uncertain pay. If the remuner- 
ation of Congressmen were left with the States, it would be 
making the Federal Government dependent upon the States, 
and this would be unjust. 

7. If a member of Congress could be arrested for any 
petty offense, there would often be cases in which a State 
would be deprived of its representatives. A member might 
also be arrested on some petty charge of an opponent, just 
to keep him from his seat, that he might not vote with his 
party. If a member is guilty of a high crime, it is right that 
he should be arrested, as he is not fit for a Congressman. A 
member of Congress should be free to say just what he 
thinks, at all times, about a law or bill which may come 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 339 

before the House of which he is a member, and so the Con- 
stitution guarantees absolute freedom of speech by denying 
any one the right to question him in any other place for any 
speech or debate made in Congress. 

8. Members of Congress are not allowed to hold any other 
civil office under the authority of the United States during 
their term of office. The country needs the time of its rep- 
resentatives to do work for the good of the people, and not 
for themselves. All bills for raising money for the Govern- 
ment must originate in the House of Representatives, but 
the Senate may oppose, or concur with amendments, as on 
other bills. 

9. Every bill which shall have passed the House of Rep- 
resentatives and the Senate, shall, before it becomes a law, 
be presented to the President of the United States ; if he 
approve, he shall sign it ; but if not, he shall return it, with 
his objections, to the House in which it originated, and that 
body shall at once enter these objections on a journal and 
proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by 
two-thirds of that House, it shall become a law. But in all 
such cases the votes of both Houses shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each House, 
respectively. If any bill shall not be returned by the Pres- 
ident within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like man- 
ner as if he had signed it, unless Congress, by its adjourn- 
ment, prevents its return, in which case it shall not be a law. 

10. In this clause we see what precautions were taken by 
the framers of the Constitution to prevent the making of 
bad laws. In the first place, the bill is passed by one of 
the Houses and then sent to the other. If the second House 



340 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

passes it, then it goes to the President of the United States. 
After he has examined it carefully, he either signs it and it 
becomes a law, or he vetoes it and sends it back to the 
House that first passed it. Before it becomes a law two- 
thirds of this House have to vote for it. It is next sent to 
the second House again, where a two-thirds vote is also 
necessary. If the two Houses pass it a second time, it 
becomes a law without the President's name. In England, 
if the sovereign veto a bill, it can not become a law, so 
even though it is called a limited monarchy, the real power 
lies with the Throne. 

ii. To prevent wrong legislation, the following clause 
was added to the Constitution : Every order, resolution or 
vote to which the concurrence of the Senate and House of 
Representatives may be necessary (except on a question of 
adjournment), shall be presented to the President of the 
United States, and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be 
repassed by two-thirds of the Senate and House of Repre- 
sentatives, according to the rules and limitations prescribed 
in the case of a bill. If an order or resolution could be 
passed by Congress without the signature of the President, 
a bill or matter of great importance might, by calling it a 
resolution or order, become a law without the President's 
assent. 



QUESTIONS ON CHAPTER VIII. 

What does the Constitution require in regard to the time, place, and 
manner of electing Senators and Representatives ? Of what is each 
House the judge ? Suppose two men from the same State should each 
claim to be the regularly elected Senator or Representative from that 
State ? Suppose the case had to be tried Defore some other tribunal ? 
Have there been " contested election " cases in Mississippi ? Mention 
a celebrated one? Why is it a wise provision that the making of the 
laws is left in the hands of a majority? What contingencies might 
arise were it otherwise? How does the Constitution prevent a minor- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



341 



ity from obstructing legislation ? Different usage of the English 
Houses ? Define the powers of each House as given in verse 4 ? What 
are the rules governing the House called? What is indispensable to 
the making of an intelligent citizen ? Mention an important rule ? 
Show the wisdom of this provision ? What of the journals of each 
House? Why does a man vote more carefully when he remembers this 
requirement ? What of the compensation of members of Congress ? 
In what cases are they privileged from arrest? From being questioned ? 
Why this provision? May a member of Congress hold any other civil 
office in the United States? Why not ? What is required before a bill 
may become a law ? Why these precautions ? What clause was added 
to the Constitution to prevent wrong legislation ? 




342 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER IX. 

1. Congress has power to lay and collect taxes, duties, 
imports, and excises ; to pay the debts and provide for the 
common defense and general welfare of the United States ; 
but all duties, imports, and excises shall be uniform through- 
out the United States. During the Confederation, Congress 
had not this power, and, as a result, we had no government. 
Congress can also borrow money on the credit of the United 
States. During the different wars which the United States 
has been forced to carry on this has proved a wise pro- 
vision, as without it there would have been no money to 
have carried on the war. 

2. Commerce with foreign nations, among the several 
States, and with the Indian tribes, is regulated by Congress. 
The establishment of a uniform rule of naturalization and 
uniform laws on the subject of bankruptcies throughout the 
United States is the work of Congress; also the coinage of 
money, regulating the value thereof and of foreign money, 
and fixing the standard of weights and measures. The pro- 
viding for the punishment of counterfeiting money, the 
establishment of post-offices and post-roads, the promoting 
the progress of science and useful arts, by securing for lim- 
ited times, to authors and inventors, the exclusive right to 
their respective writings and discoveries, is provided for by 
the Constitution, Congress alone having the power to con- 
trol these measures. By a copyright an author is given the 
sole right to print and sell his work in the United States for 
a period of twenty-eight years, at the end of which time he 
can have it continued for fourteen years longer. An inven- 
tor's patent secures to him the sole right to make, use, or 
sell his invention in the United States for a period of seven- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 343 

teen years, and, if renewed, for the additional period of 
seven years. 

3. Congress has power to constitute tribunals, inferior to 
the Supreme Court, to define and punish piracies and 
felonies committed on the high seas, and offenses against 
the laws of nations ; to declare war, grant letters of marque 
and reprisal, and make rules concerning captures on land 
and water. To grant letters of marque and reprisal is to 
grant commissions to citizens to seize the property of an 
enemy at war. If a private individual were to do this of 
himself, he could, if captured, be treated as a pirate. If 
they have these letters of marque and reprisal, they must, 
if captured by an enemy, be treated as prisoners of war. 

4. Congress has power to raise and support armies, but 
no appropriation of money to that use shall be for a longer 
term than two years. The power to provide and maintain 
a navy, to make rules for the Government and regulation of 
the land and naval forces, to provide for calling forth the 
militia to execute the laws of the Union, suppress insurrec- 
tions, and repel invasions, belongs to Congress. The power 
of organizing, arming, and disciplining the militia, which 
saves the expense of keeping a standing army, also belongs 
to Congress. Congress has, by the provisions of the Con- 
stitution, the right to exercise exclusive legislation over the 
District of Columbia, in which Washington, the capital of 
the United States, is situated. In order that the National 
Legislature shall be independent, it is necessary that it 
should possess supreme authority over the place of its 
sessions. 

5. When a man is elected President of the United States, 
he appoints seven men from the party which elected him to 
aid him in the execution of the laws. These men are called 
the President's Cabinet, and are known as the Secretary of 
State, the Secretary of the Treasury, the Secretary of War, 
the Attorney-General, the Postmaster-General, the Secre- 



344 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

tary of the Navy, and the Secretary of the Interior. Should 
the President and Vice-President both be removed from 
office, by death or any other cause, the members of the 
Cabinet, beginning with the Secretary of State, would be 
their successors. The salary of the President is paid at 
stated intervals, and can neither be increased nor diminished 
during his term of office. This renders the President inde- 
pendent of Congress. " If his salary could be increased, he 
might be tempted to conform to the wishes of the House to 
gain an increase of income. If his salary could be dimin- 
ished, the House might use that power to make him sub- 
servient." Up to the time of President Grant's second 
term, the President's salary was $25,000 a year. Since 
that time it has been $50,000 a year. 

6. The army and navy of the United States is under the 
control of the President, because it is his duty to see that 
the laws are executed. If force is at any time required, he 
has the military power at his command to assist him. He 
has power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. 
The power to make treaties is placed in the hands of the 
President, because, at all times, he is familiar with foreign 
affairs. Ambassadors are ministers of the highest rank. 
They are sent from one Government to another to manage 
its interests at court. Consuls are agents for the Govern- 
ment. They are sent to foreign countries to look after and 
protect the rights, commerce, merchants and Government sea- 
men, and attend to such other duties as may be given them. 

7. From time to time the President conveys to Congress 
information of the state of the Union, recommending to 
their considerations such measures as he judges are neces- 
sary and expedient. It is his duty to see that the laws are 
faithfully executed, and he commissions all the officers of 
the United States. The information thus given to Congress 
is called " The President's Message." 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 345 

QUESTIONS ON CHAPTER IX. 

Name the powers given to Congress mentioned in verse 1. Has 
Congress always possessed this power? In what cases has it been 
proved that this is a wise provision ? What has Congress the power 
to regulate ? To establish ? To provide for ? Define a copyright ? 
How long does Congress protect an author? An inventor? Mention 
the powers of Congress given in verse 3 ? In verse 4? Why is it 
necessary that Congress exercise supreme authority over the District 
of Columbia? How is the President's Cabinet chosen ? Mention the 
different departments ? What of the salary of the President ? Suppose 
his salary could be increased or diminished during his administration ? 
When was the amount of the President's salary increased? How 
much? Why are the army and navy of the United States under the 
control of the President ? What duties are required of him ? What 
power does he possess ? What is an Ambassador ? A Consul ? What 
of the messages of the President ? 



^ngp 




346 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



CHAPTER X. 

Amendments to the Constitution having been made from 
time to time, it is thought best to embody them in a chapter 
to themselves. The following ten were made during the 
first session of the First Congress under the Constitution : 

ARTICLE I. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof ; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assemble 
and to petition the Government for a redress of grievances. 

ARTICLE II. 
A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be 
infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner, nor in time of war but in a manner to be 
prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infa- 
mous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger ; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb, nor shall be compelled in any criminal case to be a wit- 
ness against himself, nor be deprived of life, liberty, or property without 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 347 

due process of law ; nor shall private property be taken for public use 
without compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining witnesses in 
his favor, and to have the assistance of counsel for his defense. 

ARTICLE VII. 
In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, and 
no fact tried by a jury shall be otherwise re-examined in any court of 
the United States than according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 
The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respec- 
tively, or to the people. 

As we read these Amendments to our glorious Constitu- 
tion we are amazed at the wisdom and forethought of the 
founders of our Government in furnishing such a guaranty 
for personal liberty to those v/ho should come after them. 
Having themselves tasted the bitter fruits of injustice and 
oppression, they determined that nothing of the sort should 
ever lawfully take place in our country. What a debt of 
gratitude do we owe them ! How the free people of America 
should honor and cherish their memories ! 

During the Civil war President Lincoln, by his "Emanci- 



343 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

pation Proclamation," abolished slavery forever in the 
United States. It was necessary, however, that Congress 
should take some steps to sanction the act, so in December, 
1865, the Constitution was amended so as to render slavery, 
which it before sanctioned, illegal, as follows : 

ARTICLE XI. 

Neither slavery nor involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, shall exist 
within the United States, or any place subject to their jurisdiction. 

Congress shall have power to enforce this article by appropriate 
legislation. 

In 1868 another amendment was adopted, which reads as 
follows : 

All persons born or naturalized in the United States, and subject to 
the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person of life, liberty, 
or property, without due process of law, nor deny any person within its 
jurisdiction the equal protection of the laws. 

ARTICLE XII. 

Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President and 
Vice-President of the United States, Representatives in Congress, the 
executive and judicial officers of a State, or the members of the Legis- 
lature thereof, is denied to any of the male inhabitants of such State, 
being twenty-one years of age, and citizens of the United States, or in 
anyway abridged, except for participation in rebellion or other crime, 
the basis of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

ARTICLE XIII. 
No person shall be a Senator or Representative in Congress, or 
elector of President and Vice-President, or hold any office, civil or mili- 
tary, under the United States, or under any State, who, having previ- 



HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 349 

ously taken an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, or as an exec- 
utive or judicial officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each House, remove such disability. 

ARTICLE XIV. 

The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall not be questioned. 
But neither the United States, nor any State, shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any slave ; 
but all such debts, obligations, and claims shall be held illegal and void. 
The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 

ARTICLE XV. 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States, or by any State, on account of 
race, color, or previous condition of servitude. 

The Congress shall have power to enforce this article by appropriate 
legislation. 




CONSTITUTION 



OF THE 



State of Mississippi 

ADOPTED NOVEMBER i, 1890. 



PREAMBLE. 

We, the people of Mississippi, in Convention assembled, 
grateful to Almighty God, and invoking His blessings on our 
work, do ordain and establish this Constitution : 

ARTICLE I. 

Distribution of Powers. 

SECTION i. The powers of the Government of the State of Missis- 
sippi shall be divided into three distinct departments, and each of them 
confided to a separate magistracy, to-wit : Those which are legislative 
to one, those which are judicial to another, and those which are execu- 
tive to another. 

SEC. 2. No person or collection of persons being one, or belonging 
to one of these departments, shall exercise any power properly belong- 
ing to either of the others. The acceptance of an office in either of 
said departments shall, of itself, and at once, vacate any and all offices 
held by the person so accepting in either of the other departments. 

ARTICLE II. 

Boundaries of the State. 

SEC. 3. The limits and boundaries of the State of Mississippi are 
as follows, to-wit: Beginning on the Mississippi river (meaning 
thereby the center of said river, or thread of the stream), where the 
southern boundary line of the State of Tennessee strikes the same, as 
run by B. A. Ludlow, D. W. Connelly, and W. Petrie, Commissioners 
appointed for that purpose on the part of the State of Mississippi in 
A. D., 1837, and J. D. Graham and Austin Miller, Commissioners 
appointed for that purpose on the part of the State of Tennessee; 
thence east along the said boundary line of the State of Tennessee to a 

(351) 



352 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

point on the west bank of the Tennessee river, six four-pole chains 
south of and above the mouth of the Yellow creek ; thence up the said 
river to the mouth of Bear creek ; thence by a direct line to what was 
formerly the northwest corner of the county of Washington, Alabama ; 
thence on a direct line to a Doint ten miles east of the Pascagoula river 
on the Gulf of Mexico ; thence westwardly, including all the islands 
within six leagues of the shore to the most eastern junction of Pearl 
river with Lake Borgne ; thence up said Pearl river to the thirty-first 
degree of north latitude ; thence west, along said degree of latitude to 
the middle, or thread of the stream, of the Mississippi river ; thence up 
the middle of the Mississippi river, or thread of the stream, to the 
place of beginning, including all islands lying east of the thread of the 
stream of said river, and also including all lands which were at any 
time heretofore a part of this State. 

SEC. 4. The Legislature shall have power to consent to the acquisi- 
tion of additional territory by this State °nd to make the same a part 
thereof ; and the Legislature may settle disputed boundaries between 
this State and its coterminous States whenever such disputes arise. 

ARTICLE III. 

SEC. 5. All political power is vested in, and derived from, the people ; 
all government of right originates with the people, is founded upon 
their will only, and is instituted solely for the good of the whole. 

SEC. 6. The people of this State have the inherent, sole, and exclu- 
sive right to regulate the internal government and police thereof, and 
to alter and abolish their Constitution and form of government when- 
ever they may deem it necessary to their safety and happiness ; Pro- 
vided, such change be not repugnant to the Constitution of the United 
States. 

SEC. 7. The right to withdraw from the Federal Union on account 
of any real or supposed grievance shall never be assumed by this State, 
nor shall any law be passed in derogation of the paramount allegiance 
of the citizens of this State to the Government of the United States. 

SEC. 8. All persons resident in this State, citizens of the United 
States, are hereby declared citizens of the State of Mississippi. 

SEC. 9. The military shall be in strict subordination to the civil 
power. 

SEC. 10. Treason against the State shall consist only in levying 
war against the same or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on open confession 
in open court. 

SEC. 11. The right of the people peaceably to assemble and petition 
the Government on any subject shall never be impaired. 

SEC. 12. The right of every citizen to keep and bear arms in defense 
of his home, person or property, or in aid of the civil power when 
thereto legally summoned, shall not be called in question, but the 
Legislature may regulate or forbid carrying concealed weapons. 

SEC. 13. The freedom of speech and of the press shall be held 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 353 

sacred, and in all prosecutions for libel the truth may be given in evi- 
dence, and the jury shall determine the law and the facts under the 
direction of the court, and if it shall appear to the jury that the matter 
charged as libelous is true, and was published with good motives and 
for justifiable ends, the party shall be acquitted. 

SEC. 14. No person shall be deprived of life, liberty, or property ex- 
cept by due process of law. 

SEC. 15. There shall be neither slavery nor involuntary servitude in 
this State otherwise than in the punishment of crime, whereof the 
party shall have been duly convicted. 

SEC. 16. Ex post facto laws, or laws impairing the obligations of con- 
tracts, shall not be passed. 

SEC. 17. Private property shall not betaken or damaged for public 
use except on due compensation being first made to the owner or owners 
thereof, in a manner to be prescribed by law, and whenever an attempt 
is made to take private property for a use alleged to be public, the ques- 
tion whether the contemplated use be public shall be a judicial question, 
and as such determined without regard to legislative assertion that the 
use is public. 

SEC. 18. No religious test as a qualification for office shall be re- 
quired ; and no preference shall be given by law to any religious sect or 
mode of worship ; but the free enjoyment of all religious sentiments 
and the different modes of worship shall be held sacred. The rights 
hereby secured shall not be construed to justify acts of licentiousness 
injurious to morals or dangerous to the peace and safety of the State, 
or to exclude the Holy Bible from use in any public school of this 
State. 

SEC. 19. Human life shall not be imperiled by the practice of duel- 
ing ; and any citizen of this State who shall hereafter fight a duel, or 
assist in the same as second, or send, accept, or knowingly carry a 
challenge therefor, whether such act be done in the State or out of it, 
or who shall go out of the State to fight a duel, or to assist in the same 
as second, or to send, accept, or carry a challenge, shall be disqualified 
from holding any office under this Constitution, and shall be disfran- 
chised. 

SEC. 20. No person shall be elected or appointed to office in this 
State for life or during good behavior, but the term of all offices shall 
.be for some specified period. 

SEC. 21. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless, when in cases of rebellion or invasion, the public safety 
may require it, nor ever without the authority of the Legislature. 

SEC. 22. No person's life or liberty shall be twice placed in jeopardy 
for the same offense, but there must be an actual acquittal or convic- 
tion on the merits to bar another prosecution. 

SEC. 23. The people shall be secure in their persons, houses, and pos- 
sessions, from unreasonable seizure or search, and no warrant shall be 
issued without probable cause, supported by oath or affirmation, spe- 
cially designating the place to be searched and the person or thing to be 
seized. 



354 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

SEC. 24. All courts shall be open, and every person, for an injury 
done him in his lands, goods, person or reputation, shall have remedy 
by due course of law, and right and justice shall be administered with- 
out sale, denial or delay. 

SEC. 25. No person shall be debarred from prosecuting or defending 
any civil cause for or against him or herself before ?ny tribunal in this 
State, by himself or herself, or counsel, or both. 

SEC. 26. In all criminal prosecutions the accused shall have a right 
to be heard by himself, or counsel, or both; to demand the nature and 
cause of the accusation; to be confronted by the witnesses against him ; 
to have compulsory process for obtaining witnesses in his favor, and 
in all prosecutions by indictment or information a speedy and public 
trial by an impartial jury of the county where the offense is committed ; 
and he shall not be compelled to give evidence against himself ; but, in 
prosecutions for rape, adultery, fornication, sodomy, or the crime 
against nature, the court may, in its discretion, exclude from the court- 
room all persons except such as are necessary in the conduct of the 
trial. 

SEC. 27. No person shall, for any indictable offense, be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or the militia when in actual service, or by leave of the 
court for misdemeanor in office, but the Legislature, in cases not pun- 
ishable by death or imprisonment in the penitentiary, may dispense 
with the inquest of the grand jury, and may authorize prosecutions 
before Justices of the Peace, or such other inferior court or courts as 
may be established, and the proceedings in such cases shall be regu- 
lated by law. 

SEC. 28. Cruel or unusual punishment shall not be inflicted, nor 
excessive fines imposed. 

SEC. 29. Excessive bail shall not be required, and all persons shall, 
before conviction, be bailable by sufficient sureties, except for capital 
offenses, when the proof is evident or the presumption great. 

SEC. 30. There shall be no imprisonment for debt. 

SEC. 31. The right of trial by jury shall remain inviolate. 

SEC. 32. The enumeration of rights in this Constitution shall not 
be construed to deny or impair others retained by, and inherent in, the 
people. 

ARTICLE IV. 

Legislative "Department. 

SEC. 33. The legislative power of this State shall be vested in the 
Legislature, which shall consist of a Senate and a House of Repre- 
sentatives. 

SEC. 34. The House of Representatives shall consist of members 
chosen every four years by the qualified electors of the several counties 
and representative districts. 

SEC. 35. The Senate shall consist of members to be chosen every 
four years by the qualified electors of the several districts. 

SEC. 36. The Legislature shall meet at the seat of government in 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 355 

regular session on the first Tuesday after the first Monday in January 
of the year A. D. 1892, and every four years thereafter ; and in special 
session on the first Tuesday after the first Monday in January of the 
year 1894, and every four years thereafter, unless sooner convened by 
the Governor. The special sessions shall not continue longer than 
thirty days, unless the Governor, deeming the public interest to require 
it, shall extend the sitting by proclamation in writing, to be sent to 
and entered upon the journal of each house for a specific number of 
days, and then it may continue in session to the expiration of that 
time. At such special sessions the members shall receive not more 
compensation or salary than ten cents mileage, and a per diem of not 
exceeding five dollars, and none but appropriation and revenue bills 
shall be considered, except such other matters as may be acted upon at 
an extraordinary session called by the Governor. 

SEC. 37. Elections for members of the Legislature shall be held in 
the several counties and districts as provided by law. 

SEC. 38. Each house shall elect its own officers, and shall judge of 
the qualifications, return and election of its own members. 

SEC. 39. The Senate shall choose a President pro tempore to act in 
the absence or disability of its presiding officer. 

Qualifications and Privileges of Legislators. 

SEC. 40. Members of the Legislature, before entering upon the 

discharge of their duties, shall take the following oath : " I, , 

do solemnly swear (or affirm) that I will faithfully support the Consti- 
tution of the United States and of the State of Mississippi ; that I am 
not disqualified from holding office by the Constitution of this State; 
that I will faithfully discharge my duties as a legislator ; that I will, 
as soon as practicable hereafter, carefully read (or have read to me) 
the Constitution of this State, and will endeavor to note and, as a 
legislator, to execute all the requirements thereof imposed on the Leg- 
islature ; and I will not vote for any measure or person because of a 
promise of any other member of this Legislature to vote for any meas- 
ure or person, or as a means of influencing him or them so to do. So 
help me God." 

SEC. 41. No person shall be a member of the House of Representa- 
tives who shall not have attained the age of twenty-one years, and 
who shall not be a qualified elector of the State, and who shall not have 
been a resident citizen of the State four years and of the county two 
years immediately preceding his election. The seat of a member of the 
House of Representatives shall be vacated on his removal from the 
county or flotorial district from which he was elected. 

SEC. 42. No person shall be a Senator who shall not have attained 
the age of twenty-five years, who shall not have been a qualified 
elector of the State four years, and who shall not be an actual resident 
of the district or territory he may be chosen to represent for two years 
before his election. The seat of a Senator shall be vacated upon his 
removal from the district from which he was elected. 

SEC. 43. No person liable, as principal, for public moneys unac- 
counted for, shall be eligible to a seat in either House of the Legislature, 



356 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

or to any office of profit or trust until he shall have accounted for and 
paid over all sums for which he may have been liable. 

SEC. 44. No person shall be eligible to a seat in either House of the 
Legislature, or to any office of profit or trust, who shall have been con- 
victed of bribery, perjury, or other infamous crime ; and any person 
who shall have been convicted of giving, or offering, directly or indi- 
rectly, any bribe to procure his election or appointment ; and any person 
who shall give or offer any bribe to procure the election or appointment 
of any person to office shall, on conviction thereof, be disqualified from 
holding any office of profit or trust under the laws of this State. 

SEC. 45. No Senator or Representative, during the term for which he 
was elected, shall be eligible to any office of profit which shall have 
been created, or the emoluments of which have been increased, during 
the time such Senator or Representative was in office, except to such 
offices as may be filled by an election of the people. 

SEC. 46. The members of the Legislature shall severally receive from 
the State treasury compensation for their services, to be prescribed by 
law, which may be increased or diminished, but no alteration of such 
compensation of members shall take effect during the session at which 
it is made. 

SEC. 47. No member of the Legislature shall take any fee or reward, 
or be counsel in any measure pending before either house of the Legis- 
lature, under penalty of forfeiting his seat, upon proof thereof to the 
satisfaction of the House of which he is a member. 

SEC. 48. Senators and Representatives shall, in all cases, except 
treason, felony, theft or breach of the peace, be privileged from arrest 
during the session of the Legislature, and for fifteen days before the 
commencement and after the termination of each session. 

Trial of Officers. 

SEC. 49. The House of Representatives shall have the sole power of 
impeachment, but two-thirds of all the members present must concur 
therein. All impeachments shall be tried by the Senate, and, when sit- 
ting for that purpose, the Senators shall be sworn to do justice accord- 
ing to law and the evidence. 

SEC. 50. The Governor and all other civil officers of this State shall 
be liable to impeachment for treason, bribery, or any high crime or mis- 
demeanor in office. 

SEC. 51. Judgment in such cases shall not extend farther than 
removal from office and disqualification to hold any office of honor, 
trust, or profit in this State ; but the party convicted shall, nevertheless, 
be subject to indictment, trial, judgment, and punishment according to 
law. 

SEC. 52. When the Governor shall be tried, the Chief Justice of the 
Supreme Court shall preside, and when the Chief Justice is disabled, 
disqualified, or refuses to act, the Judge of the Supreme Court, next 
oldest in commission, shall preside, and no person shall be convicted 
without the concurrence of two-thirds of all the Senators present. 

SEC. 53. For reasonable cause, which shall not be sufficient ground 
of impeachment, the Governor shall, on the joint address of two-thirds 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 357 

of each branch of the Legislature, remove from office the judges of the 
Supreme and inferior courts, but the cause or causes of removal shall 
be spread on the journal, and the party charged be notified of the same 
and have an opportunity to be heard by himself or counsel, or both, 
before the vote is finally taken and decided. 

Rules of Procedure. 

SEC. 54. A majority of each House shall constitute a quorum to do 
business, but a less number may adjourn from day to day, and compel 
the attendance of absent members in such manner and under such 
penalties as each shall provide. 

SEC. 55. Each House may determine rules of its own proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds of the members present, expel a member; but no member, 
unless expelled for theft, bribery, or corruption, shall be expelled a 
second time for the same offense. Both Houses shall, from time to 
time, publish journals of their proceedings, except such parts as may in 
their opinion require secrecy, and the yeas and nays on any question 
shall be entered on the journal, at the request of one-tenth of the mem- 
bers present ; and the yeas and nays shall be entered on the journal on 
the final passage of every bill. 

SEC. 56. The style of the laws of the State shall be : " Be it enacted 
by the Legislature of the State of Mississippi." 

SEC. 57. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the two Houses shall be sitting. 

SEC. 58. The doors of each House, when in session, or in Committee 
of the Whole, shall be kept open, except in cases which may require 
secrecy, and each House may punish, by fine and imprisonment, any 
person not a member who shall be guilty of disrespect to the House, by 
any disorderly or contemptuous behavior in its presence, or who shall 
in any way disturb its deliberations during the session, but such impris- 
onment shall not extend beyond the final adjournment of that session. 

SEC. 59. Bills may originate in either House and be amended or 
rejected in the other, and every bill shall be read on three different days 
in each House, unless two-thirds of the House where the same is pend- 
ing shall dispense with the rules, and every bill shall be read in full 
immediately before the vote on its final passage, and every bill having 
passed both Houses shall be signed by the President of the Senate and 
the Speaker of the House of Representatives in open session; but before 
either shall sign any bill, he shall give notice thereof, suspend business 
in the House over which he presides, have the bill read by its title, and 
on the demand of any member, have it read in full, and all such pro- 
ceedings shall be entered on the journal. 

SEC. 60. No bill shall be so amended in its passage through either 
House as to change its original purpose, and no law shall be passed 
except by bill ; but orders, votes and resolutions of both Houses affect- 
ing the prerogatives and duties thereof, or relating to adjournment, to 
amendments to the Constitution, to the investigation of public officers, 
and the like, shall not require the signature of the Governor, and such 
resolutions, orders and votes may empower legislative committees to 



358 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

administer oaths, to send for persons and papers, and generally make 
legislative investigations effective. 

SEC. 6i. No law shall be revived or amended by reference to its title 
only, but the section or sections as amended, or revived, shall be 
inserted at length. 

SEC. 62. No amendment to bills by one House shall be concurred in 
by the other, except by a vote of a majority thereof, taken by yeas and 
nays, and the names of those voting for and against recorded upon the 
journals, and reports of committees of conference shall in like manner 
be adopted in each House. 

SEC. 63. No appropriation bill shall be passed by the Legislature 
which does not fix definitely the maximum sum thereby authorized to 
be drawn from the treasury. 

SEC. 64. No bill passed, after the adoption of this Constitution, to 
make appropriations of money out of the State Treasury, shall con- 
tinue in force more than six months after the meeting of the Legislature 
at its next regular session, nor shall such bill be passed except by the 
votes of a majority of all the members elected to each house of the 
Legislature. 

SEC. 65. All votes, on the final passage of any measure, shall be 
subject to reconsideration for at least one whole legislative day, and no 
motion to reconsider such vote shall be disposed of adversely on the 
day on which the original vote was taken, except on the last day of 
the session. 

SEC. 66. No law granting a donation or gratuity in favor of any 
person or object shall be enacted, except by the concurrence of two- 
thirds of each branch of the Legislature, nor by any votefora sectarian 
purpose or use. 

SEC. 67. No new bill shall be introduced into either House of the 
Legislature during the last three days of the session. 

SEC. 68. Appropriation and revenue bills shall, at regular sessions 
of the Legislature, have precedence in both Houses over all other busi- 
ness, and no such bills shall be passed during the last five days of the 
session. 

SEC. 69. General appropriation bills shall contain only the appro- 
priations to defray the ordinary expenses of the executive, legislative, 
and judicial departments of the Government, to pay interest on State 
bonds, and to support the common schools. All other appropriations 
shall be made by separate bills, each embracing but one subject. Leg- 
islation shall not be engrafted on appropriation bills, but the same may 
prescribe the conditions on which the money may be drawn and for 
what purpose paid. 

SEC. 70. No revenue bill nor any bill providing for assessments of 
property for taxation shall become a law except by a vote of at least 
three-fifths of the members of each House present and voting. 

SEC. 71. Every bill introduced into the Legislature shall have a 
title, and the title ought to indicate clearly the subject matter, or mat- 
ters, of the proposed legislation. Each committee to which a bill may 
be referred shall express in writing its judgment of the sufficiency of 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 359 

the title of the bill, and this, too, whether the recommendation be that 
the bill do pass or do not pass. 

SEC. 72. Every bill which shall pass both Houses shall be presented 
to the Governor of the State. If he approve he shall sign it, but if 
he does not approve he shall return it, with his objection, to the House 
in which it originated, which shall enter the objections at large upon 
its journal and proceed to reconsider it. If, after such reconsideration, 
two-thirds of that House shall agree to pass the bill, it shall be sent, 
with the objections, to the other House, by which likewise it shall be 
reconsidered, and, if approved by two-thirds of that House, it shall 
become a law ; but in all such cases the votes of both Houses shall be 
determined by yeas and nays. The names of the persons voting for 
and against the bill shall be entered on the journal of each House, 
respectively. If any bill shall not be returned by the Governor within 
five days (Sunday excepted) after it has been presented to him, it shall 
become a law, in like manner as if he had signed it, unless the Legis- 
lature, by adjournment, prevent its return, in which case it shall be a 
law unless sent back within three days after the beginning of the next 
session of the Legislature. No bill shall be approved when the Legis- 
lature is not in session. 

SEC. 73. The Governor may veto parts of any appropriation bill and 
approve parts of the same, and the portions approved shall be law. 

SEC. 74. No bill shall become a law until it shall have been referred 
to a committee of each House and returned therefrom with a recom- 
mendation in writing. 

SEC. 75. No law of a general nature, unless therein otherwise pro- 
vided, shall be enforced until sixty days after its passage. 

SEC. 76. In all elections by the Legislature the members shall vote 
viva voce, and the votes shall be entered on the journals. 

SEC. 77. The Governor shall issue writs of election to fill such 
vacancies as may occur in either house of the Legislature, and the per- 
sons thereupon chosen shall hold the seats for the unexpired term. 

Injunctions. 

SEC. 78. It shall be the duty of the Legislature to regulate by 
law the cases in which deductions shall be made from salaries of public 
officers for neglect of official duty, and the amount of said deduction. 

SEC. 79. The Legislature shall provide by law for the sale of all 
delinquent tax lands. The courts shall apply the same liberal princi- 
ples in favor of such titles as in sale by execution. The right of 
redemption from all sales of real estate for the non-payment of taxes or 
special assessments of any and every character whatsoever shall exist 
on conditions to be prescribed by law in favor of owners and persons 
interested in such real estate for a period of not less than two years. 

SEC. 80. Provision shall be made by general laws to prevent the 
abuse by cities, towns, and other municipal corporations, of theirpowers 
of assessment, taxation, borrowing money and contracting debts. 

SEC. 81. The Legislature shall never authorize the permanent 
obstruction of any of the navigable waters of this State, but may pro- 
vide for the removal of such obstructions as now exist whenever the 



860 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

public welfare demands. This section shall not prevent the construc- 
tion, under proper authority, of draw-bridges for railroads or other 
roads, nor the construction of "booms and chutes "for logs in such 
manner as not to prevent the safe passage of vessels or logs, under 
regulations to be provided by law. 

SEC. 82. The Legislature shall fix the amount of the penalty of all 
official bonds, and may, as far as practicable, provide that the whole or 
a part of the security required for the faithful discharge of official duty 
shall be made by some guarantee company or companies. 

SEC. 83. The Legislature shall enact laws to secure the safety of 
persons from fires in hotels, theaters, and other public places of resort. 

SEC. 84. The Legislature shall enact laws to limit, restrict, or pre- 
ventthe acquiring and holding of land in this State by non-resident 
aliens, and may limit or restrict the acquiring or holding of lands by 
corporations. 

SEC. 85. The Legislature shall provide by general law for the work- 
ing of public roads by contract or by county prisoners, or both. 
Such law may be put in operation only by a Board of Supervisors, in 
those counties where it may be desirable. 

SEC. 86. It shall be the duty of the Legislature to provide by law for 
the treatment and care of the insane, and the Legislature may provide 
for the care of the indigent sick in the hospitals of the State. 

SEC. 87. No special or local law shall be enacted for the benefit of 
individuals or corporations, in cases which are, or can be, provided for 
by a general law, or where the relief sought can be given by any court 
of this State; nor shall the operation of any general law be suspended by 
the Legislature for the benefit of any individual or private corporation 
or association, and in all cases where a general law can be made appli- 
cable, and would be advantageous, no special law shall be enacted. 

SEC. 88. The Legislature shall pass general laws under which local 
and private interests shall be provided for and protected, and under 
which cities and towns may be chartered and their charters amended, 
and under which corporations may be created, organized, and their acts 
of incorporation altered, and all such laws shall be subject to repeal or 
amendment. 

SEC. 89. There shall be appointed in each House of the Legislature a 
standing committee on local ,and private legislation ; the House com- 
mittee to consist of seven Representatives, and the Senate committee of 
five Senators. No local or private bill shall be passed by either House 
until it shall have been referred to said committee thereof, and shall 
have been reported back with a recommendation in writing that it do 
pass, stating affirmatively the reasons therefor, and why the end to be 
accomplished should not be reached by a generai law, or by a proceed- 
ing in court; or if the recommendation of the committee be that the bill 
do not pass, then it shall not pass the House to which it is so reported, 
unless it be voted for by a majority of all the members elected thereto. 
If a bill is passed in conformity to the requirements hereof other than 
such as are prohibited in the next section, the courts shall not, because 
of its local, special or private nature, refuse to enforce it. . 

SEC. 90. The Legislature shall not pass local, private, or special 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 361 

laws in any of the following enumerated cases, but such matters shall 
be provided for only by general laws, viz: (a) Granting divorces, 
(b) Changing the names of persons, places, or corporations, (c) Pro- 
viding for change of venue in civil and criminal cases, (d) Regulat- 
ing the rate of interest on money, (e) Concerning the settlement or 
administration of any estate, or the sale or mortgage of any property, 
of any infant, or a person of unsound mind, or of any deceased person, 
(f) The removal of the disability of infancy, (g) Granting to any 
person, corporation, or association the right to have any ferry, bridge, 
road, or fish-trap, (h) Exemption of property from taxation, or from 
levy or sale, (i) Providing for the adoption or legitimation of children, 
(j) Changing the law of descent and distribution, (k) Exempting 
any person from jury, road or other civil duty (and no person shall be 
exempted therefrom by force of any local or private law). (1) Laying 
out, opening, altering and working roads and highways, (m) Vacat- 
ing any road or highway, town plat, street, alley, or public grounds, 
(n) Selecting, drawing, summoning, or impaneling grand or petit 
juries, (o) Creating, increasing, or decreasing the fees, salary, or 
emoluments of any public officer, (p) Providing for the management 
or support of any private or common school, incorporating the same or 
granting such school any privileges, (q) Relating to stock laws, 
water-courses, and fences, (r) Conferring the power to exercise the 
right of eminent domain, or granting to any person, corporation, or 
association the right to lay down railroad tracks, or street car tracks, 
in any other manner than that prescribed by general law. (s) Relat- 
ing the practice in courts of justice, (t) Providing for the creation of 
districts for the election of Justices of the Peace and Constables, (u) 
Granting any lands under control of the State to any person or cor- 
poration. 

Prohibitions. 

SEC. 91. The Legislature shall not enact any law for one or 
more counties, not applicable to all the counties in the State, increas- 
ing the uniform charge for the registration of deeds, or regulating 
costs and charges and fees of officers. 

SEC. 92. The Legislature shall not authorize payment to any person 
of the salary of a deceased officer beyond the date of his death. 

SEC. .93. The Legislature shall not retire any officer on pay or part 
pay, or make any grant to such retiring officer. 

SEC. 94. The Legislature shall never create by law any distinction 
between the rights of men and women to acquire, own, enjoy and dis- 
pose of property of all kinds, or their power to contract in reference 
thereto. Married women are hereby fully emancipated from all dis- 
ability on account of coverture. But this shall not prevent the Legis- 
lature from regulating contracts between husband and wife, nor shall 
the Legislature be prevented from regulating the sale of homesteads. 

SEC. 95. Lands belonging to, or under the control of, the State 
shall never be donated directly or indirectly to private corporations or 
individuals or to railroad companies. Nor shall such land be sold to 
corporations or associations for a less price than that for which it is 
subject to sale to individuals. This, however, shall not prevent the 
Legislature from granting a right of way, not exceeding one hundred 



362 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

feet in width, as a mere easement, to railroads across State land, and 
the Legislature shall never dispose of the land covered by said right of 
way so long as such easement exists. 

SEC. 96. The Legislature shall never grant extra compensation, fee 
or allowance to any public officer, agent, servant or contractor after 
service rendered or contract made, nor authorize payment or part pay- 
ment of any claim under any contract not authorized by law, but appro- 
priations may be made for expenditures in repelling invasion, prevent- 
ing or suppressing insurrections. 

SEC. 97. The Legislature shall have no power to revive any remedy 
which may have become barred by lapse of time or by any statute of 
limitation of this State. 

SEC. 98. No lottery shall ever be allowed or be advertised by news- 
papers or otherwise, or its tickets be sold in this State, and the Legis- 
lature shall provide by law for the enforcement of this provision ; nor 
shall any lottery heretofore authorized be permitted to be drawn or its 
tickets sold. 

SEC. 99. The Legislature shall not elect any other than its own offi- 
cers, State Librarian and United States Senators, but this section shall 
not prohibit the Legislature from appointing Presidential electors. 

SEC. 100. No obligation or liability of any person, association or 
corporation, held or owned by this State, or Levee Board, or any county, 
city or town thereof, shall ever be remitted, released or postponed, or 
in any way diminished by the Legislature, nor shall such liability or 
obligation be extinguished except by payment thereof into the proper 
treasury; nor shall such liability or obligation be exchanged or trans- 
ferred except upon payment of its face value; but this shall not be con- 
strued to prevent the Legislature from providing by general law for 
the compromise of doubtful claims. 

SEC. ioi. The seat of government of the State shall be at the city 
of Jackson, and shall not be removed or relocated without the assent of 
a majority of the electors of the State. 

Miscellaneous. 

SEC. 102. All general elections for State and county officers shall 
commence and be holden every four years, on the first Tuesday after 
the first Monday in November until altered by law, and the electors, in 
all cases, except in cases of treason, felony and breach of the eace, 
shall be privileged from arrest during their attendance at elections and 
in going to and returning therefrom. 

SEC. 103. In all cases not otherwise provided for in this Constitu- 
tion, the Legislature may determine the mode of filling all vacancies in 
all offices ; and in cases of emergency, provisional appointments may be 
made by the Governor, to continue until the vacancy is regularly filled, 
and the Legislature shall provide suitable compensation for all officers, 
and shall define their respective powers. 

SEC. 104. Statutes of limitation in civil causes shall not run against 
the State, or any sub-division or municipal corporation thereof. 

SEC. 105. The Legislature shall provide for the enumeration of the 
whole number of inhabitants and the qualified electors of the State 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 363 

once in every ten years, and the first enumeration shall be made during 
the two months beginning on the first Monday of June, 1895, and the 
Legislature shall provide for the same by law. 

SEC. 106. There shall be a State Librarian, to be chosen by the 
Legislature on joint vote of the two Houses, to serve for four years, 
whose duties and compensations shall be prescribed by law. Any 
woman, a resident of the State four years, and who has attained the 
age of twenty years, shall be eligible to said office. 

SEC. 107. All stationery, printing, paper, and fuel used by the Leg- 
islature, and other departments of the Government, shall be furnished ; 
and the printing and binding of the laws, journals, department reports, 
and other printing and binding, and the repairing and furnishing the 
halls and rooms used for the meeting of the Legislature, and its com- 
mittees, shall be performed under the contract, to be given to the lowest 
responsible bidder, below such maximum and under such regulations as 
may be prescribed by law. No member of the Legislature, or officer of 
any department, shall be in anv way interested in such contract, and 
all such contracts shall be subject to the approval of the Governor and 
State Treasurer. 

SEC. 108. Whenever the Legislature shall take away the duties per- 
taining to any office, then the salary of the officer shall cease. 

SEC. 109. No public officer or member of the Legislature shall be 
interested directly or indirectly in any contract with the State, or any 
district, county, city, or town thereof, authorized by any law passed, or 
order made by any Board of which he may be or may have been a 
member during the term for which he shall have been chosen, or within 
one year after the expiration of such term. 

SEC. ho. The Legislature may provide, by general law, for con- 
demning rights of way for private roads, where necessary for ingress 
and egress, by the party applying, on due compensation being first 
made to the owner of the property, but such right of way shall not be 
provided for in incorporated towns and cities. 

SEC. hi. All lands comprising a single tract sold in pursuance of 
decree of court, or execution, shall be first offered in sub-divisions not 
exceeding one hundred and sixty acres, or one-quarter section, and then 
offered as an entirety, and the price bid for the latter shall control only 
when it shall exceed the aggregate of the bids for the same in sub-divi- 
sions as aforesaid, but the Chancery Court, in cases before it, may 
decree otherwise if deemed advisable to do so. 

SEC. 1 12. Taxation shall be uniform and equal throughout the State. 
Property shall be taxed in proportion to its value. The Legislature 
may, however, impose a tax per capita upon such domestic animals as 
from their nature and habits are destructive of other property. Property 
shall be assessed for taxes under general laws, and by uniform rules, 
according to its true value. But the Legislature may provide for a 
special mode of valuation and assessments for railroads and railroad 
and other corporate property, or for particular species of property 
belonging to persons, corporations or associations not situated wholly 
in one county. But all such property shall be assessed at its true 
value, and no county shall be denied the right to levy county and 



364 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

special taxes upon such assessment, as in cases of property situated and 
assessed in the county. 

SEC. 113. The Auditor shall, within sixty days after the adjourn- 
ment of the Legislature, prepare and publish a full statement of all 
money expended at such session, specifying the items and amount of 
each item, and to whom and for what paid, and he shall also publish 
the amounts of all appropriations. 

SEC. 114. Returns of all elections by the people shall be made to the 
Secretary of State in such manner as shall be provided by law. 

SEC. 115. The fiscal year of the State of Mississippi shall commence 
on the first day of October and end on the thirtieth day of September 
of each year, and the Auditor of Public Accounts and the Treasurer of 
the State shall compile and have published a full and complete report 
showing the transactions of their respective offices on or before the 
thirty-first day of December of each year, for the preceding fiscal year. 

Executive. 

SEC. 116. The chief executive power of this State shall be vested 
in a Governor, who shall hold his office for four years, and who shall 
be ineligible as his immediate successor in office. 

SEC. 117. The Governor shall be at least thirty years of age, and 
shall have been a citizen of the United States twenty years, and shall 
have resided in this State five years next preceding the day of his 
election. 

SEC. 118. The Governor shall receive for his services such compen- 
sation as may be fixed by law, which shall neither be increased nor 
diminished during his term of office. 

SEC. 119. The Governor shall be commander-in-chief of the army 
and navy of the State and of the militia, except when they shall be 
called into the service of the United States. 

SEC. 120. The Governor may require information in writing from 
the officers in the executive departments of the State on any subject 
relating to the duties of their respective offices. 

SEC. 121. The Governor shall have power to convene the Legisla- 
ture in extraordinary session whenever, in his judgment, the public 
interest requires it. Should the Governor deem it necessary to convene 
the Legislature, he shall do so by public proclamation, in which he 
shall state the subjects and matters to be considered by the Legislature 
when so convened, and the Legislature, when so convened as aforesaid, 
shall have no power to consider or act upon subjects or matters other 
than those designated in the proclamation of the Governor, by which 
the session is called, except impeachments and examination into the 
accounts of State officers. The Legislature, when so convened, may 
also act on and consider such other matters as the Governor may in 
writing submit to them while in session. The Governor may convene 
the Legislature at the seat of government, or at a different place if 
that shall become dangerous from an enemy or from disease, and in 
case of a disagreement between the two Houses, with respect to time 
of adjournment, adjourn them to such time as he shall think proper, 
not beyond the day of the next stated meeting of the Legislature, 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 365 

SEC. 122. The Governor shall, from time to time, give the Legisla- 
ture information of the state of the Government and recommend for 
consideration such measures as may be deemed necessary and expedient. 

SEC. 123. The Governor shall see that the laws are faithfully 
executed. 

SEC. 124. In all criminal and penal cases, excepting those of treason 
and impeachment, the Governor shall have power to grant reprieves 
and pardons ; to remit fines, and in cases of forfeiture, to stay the col- 
lection until the end of the next session of the Legislature, and by and 
with the consent of the Senate, to remit forfeitures. In cases of 
treason he shall have power to grant reprieves, by and with the consent 
of the Senate, but may respite the sentence until the end of the next 
session of the Legislature, but no pardon shall be granted before con- 
viction, and in cases of felony, after conviction, no pardon shall be 
granted until the applicant therefor shall have published for thirty days 
in some newspaper, in the county where the crime was committed, and 
in case there be no newspaper published in said county, then in an 
adjoining county, his petition for pardon, setting forth therein the 
reasons why such pardon should be granted. 

SEC. 125. The Governor shall have the power, and it is hereby 
made his duty, to suspend alleged defaulting State and County Treas- 
urers, and defaulting tax-collectors, pending the investigation of their 
respective accounts, and to make temporary appointments of proper 
persons to fill the offices while such investigations are being made, and 
the Legislature shall provide for the enforcement of this provision by 
appropriate legislation. 

SEC. 126. There shall be a seal of the State, kept by the Governor, 
and used by him officially, and be called the great seal of the State of 
Mississippi. 

SEC. 127. All commissions shall be in the name and by the authority 
of the State of Mississippi, be sealed with the great seal of the State, 
and be signed by the Governor, and attested by the Secretary of State. 

SEC. 128. There shall be a Lieutenant-Governor, who shall be 
elected at the same time, in the same manner, and for the same term, 
and who shall possess the same qualifications as required of the 
Governor. 

SEC. 129. The Lieutenant-Governor shall, by virtue of his office, be 
President of the Senate. In Committee of the Whole he may debate 
all questions, and when there is an equal division in the Senate, or on a 
joint vote of both Houses, he shall give the casting vote. 

SEC. 130. The Lieutenant-Governor shall receive for his services 
the same compensation as the Speaker of the House of Representatives. 

SEC. 131. When the office of Governor shall become vacant, by 
death or otherwise, the Lieutenant-Governor shall discharge the duties 
of said office until the Governor be able to resume his duties; but if, 
from disability or otherwise, the Lieutenant-Governor shall be incapa- 
ble of performing said duties, or if he be absent from the State, the Presi- 
dent of the Senate pro tempore shall act in his stead ; but if there be no 
such President, or if he be disqualified by like disability, or be absent 
from the State, then the Speaker of the House of Representatives shall 



366 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

assume the office of Governor and perform said duties ; and in case of 
the inability of the foregoing officers to discharge the duties of Gov- 
ernor, the Secretary of State shall convene the Senate to elect a Presi- 
dent pro tempore. The officer discharging the duties of Governor shall 
receive compensation as such. Should a doubt arise as to whether a 
vacancy has occurred in the office of Governor, or as to whether any of 
the disabilities mentioned in this section exist or shall have ended, then 
the Secretary of the State shall submit the question in doubt to the 
Judges of the Supreme Court, who, or a majority of whom, shall 
investigate and determine said question, and shall furnish to said Sec- 
retary of State an opinion in writing, determining the question sub- 
mitted to them, which opinion when rendered as aforesaid shall be final 
and conclusive. 

SEC. 132. In case the election for Lieutenant-Governor shall be con- 
tested, the contest shall be tried and determined in the same manner as 
a contest for the office of Governor. 

SEC. 133. There shall be a Secretary of State, who shall be elected 
as herein provided. He shall be at least twenty-five years of age, a 
citizen of the State five years preceding the day of his election, and he 
shall continue in office during the term of four years, and shall be keeper 
of the proceedings of the Governor, and shall, when required, lay the 
same, and all papers, minutes and vouchers relative thereto, before the 
Legislature, and he shall perform such other duties as may be required 
of him by law. He shall receive such compensation as shall be 
prescribed. 

SEC. 134. A State Treasurer and an Auditor of Public Accounts 
shall be elected as herein provided, who shall hold their offices for the 
term of four years, and shall possess the same qualifications as required 
for the Secretary of State; they shall receive such compensation as may 
be provided by law. Said Treasurer and Auditor of Public Accounts 
shall be ineligible to immediately succeed themselves or each other in 
office. 

SEC. 135. All officers named in this article shall hold their offices 
during the term for which they were selected, unless removed, and 
until their successor shall be duly qualified to enter on the discharge of 
their respective duties. 

SEC. 137. It shall be the duty of the State Treasurer, within ten 
days after the first day of January and July of each year, to publish a 
statement, under oath, in some newspaper published at the seat of 
government, showing the condition of the treasury on said days, the 
balance on hand and in what funds, together with a certificate of the 
Governor that he has verified the count of the funds in the treasury 
and found the balance stated by the Treasurer actually in the vaults of 
the treasury, or as the truth may be. And it shall be the duty of the 
Governor, at such other times as he may deem proper, to go to the 
Treasurer and verify the cash balance as shown by the books, and to 
publish the fact that he has done so, and whether the amount called 
for by the books be actually in the treasury, and stating whether the 
Treasurer had any notice whatever that" the verification would be made. 

SEC. 138. The Sheriff, Coroner, Treasurer, Assessor, Surveyor, 
Clerks of the Courts and members of the Board of Supervisors of the 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 367 

several counties, and all other officers exercising local jurisdiction 
therein, shall be selected in the manner provided by law for each 
county. 

SEC. 139. The Legislature may empower the Governor to remove 
and appoint officers in any county or counties or municipal corporations 
under such regulations as may be prescribed by law. 

SEC. 140. The Governor of the State shall be chosen in the follow- 
ing manner: On the first Tuesday after the first Monday in November 
of A. D. 1895, and on the first Tuesday after the first Monday of Novem- 
ber in every fourth year thereafter, until the day shall be changed by 
law, an election shall be held in the several counties and districts created 
for the election of members of the House of Representatives in this State, 
for Governor, and the person receiving in any county, or such legisla- 
tive district, the highest number of votes cast therein for said office 
shall be holden to have received as many votes as such county or dis- 
trict is entitled to members in the House of Representatives, which 
last-named votes are hereby designated " electoral votes." In all cases 
where a Representative is apportioned to two or more counties or dis- 
tricts the electoral vote based on such representation shall be equally 
divided among such counties or districts. The returns of said election 
shall be certified by the Election Commissioners, or a majority of them, 
of the several counties and transmitted, sealed, to the seat of govern- 
ment, directed to the Secretary of State, and shall be, by him, safely 
kept and delivered to the Speaker of the House of Representatives at 
the next ensuing session of the Legislature within one day after he 
shall have been elected. The Speaker shall, on the next Tuesday after 
he shall have received said returns, open and publish them in the pres- 
ence of the House of Representatives, and said House shall ascertain 
and count the vote of each county and legislative district and decide 
any contest that may be made concerning the same ; and said decision 
shall be made by a majority of the whole number of members of the 
House of Representatives concurring therein, by a viva voce vote, which 
shall be recorded in its journal; Provided, In case the two highest can- 
didates have an equal number of votes in any county or legislative dis- 
trict, the electoral vote of such county or legislative district shall be 
considered as equally divided between them. The person found to 
have received a majority of all the electoral votes, and also a majority 
of the popular vote, shall be declared elected. 

SEC. 141. If no person shall receive such majorities, then the House 
of Representatives shall proceed to choose a Governor from the two 
persons who shall have received the highest number of popular votes. 
The election shall be by viva voce vote, which shall be recorded in the 
journal in such manner as to show for whom each member voted. 

SEC. 142. In case of an election of Governor or any State officer 
by the House of Representatives, no member of that house shall be 
eligible to receive any appointment from the Governor or other State 
officer so elected during the term for which he shall be selected. 

SEC. 143. All other State officers shall be elected at the same time, 
and in the same manner as provided for election of Governor. 



368 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

ARTICLE VI. 
Judiciary. 
SEC. 144. The judicial power of the State shall be vested in a 
Supreme Court and such other courts as are provided for in this Con- 
stitution. 

SEC. 145. The Supreme Court shall consist of three judges, any 
two of whom, when convened, shall form a quorum. The Legislature 
shall divide the State into three Supreme Court districts, and the Gov- 
ernor, by and with the advice and consent of the Senate, shall appoint 
one judge for and from each district ; but the removal of a judge to the 
State capital during his term of office shall not render him ineligible as 
his own successor for the district from which he has removed. The 
present incumbents shall be considered as holding their terms of office 
from the State at large. 

SEC. 146. The Supreme Court shall have such jurisdiction as prop- 
erly belongs to a Court of Appeals. 

SEC. 147. No judgment or decree in any Chancery or Circuit Court 
rendered in a civil cause shall be reversed or annulled on the ground of 
want of jurisdiction to render said judgment or decree, from any error 
or mistake as to whether the cause in which it was rendered was of 
equity or common law jurisdiction ; but if the Supreme Court shall 
find error in the proceedings other than as to jurisdiction and it shall 
be necessary to remand the case, the Supreme Court may remand it to 
that court which, in its opinion, can best determine the controversy. 

SEC. 148. The Supreme Court shall be held twice in each year at 
the seat of government, at such time as the Legislature may provide. 

SEC. 149. The term of office of the Judges of the Supreme Court 
shall be nine years. The office of one of said judges shall be vacated 
in three years, one in six years and one in nine years, so that at the 
expiration of every three years one of said judges shall be appointed 
as aforesaid. 

SEC. 150. No person shall be eligible to the office of Judge of the 
Supreme Court who shall not have attained the age of thirty years at 
the time of his appointment, and who shall not have been a practicing 
attorney and a citizen of the State for five years immediately preceding 
such appointment. 

SEC. 151. All vacancies which may occur in said court from death, 
resignation or removal, shall be filled by appointment as aforesaid^but 
if a vacancy shall occur during the recess of the Legislature, the Gov- 
ernor shall appoint a successor, who shall hold his office until the end of 
the next session of the Senate, unless his nomination shall be sooner 
rejected. 

SEC. 152. The Legislature shall divide the State into convenient 
Circuit and Chancery Court districts. 

SEC. 153. The Judges of the Circuit Courts and of the Chancery 
Courts shall be appointed by the Governor, with the advice and con- 
sent of the Senate, and shall hold their offices for the term of four years. 

SEC. 154. No person shall be eligible to the office of Judge of the 
Circuit Court, or of the Chancery Court, who shall not have been a 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 369 

practicing lawyer for five years, and who shall not have attained the 
age of twenty-six years, and who shall not have been five years a citi- 
zen of this State. 

SEC. 155. The judges of the several courts of this State shall, before 
they proceed to execute the duties of their respective offices, take the 
following oath or affirmation, to-wit : 

"I, , solemnly swear (or affirm) that I will administer justice 

without respect to persons, and do equal right to the poor and to the 
rich, and that I will faithfully and impartially discharge and perform 

all the duties incumbent upon me as , according to the best 

of my ability and understanding, agreeably to the Constitution of the 
United States and the Constitution and laws of the State of Mississippi. 
So help me God." 

SEC. 156. The Circuit Court shall have original jurisdiction in all 
matters civil and criminal in this State not vested by this Constitution 
in some other court, and such appellate jurisdiction as shall be pre- 
scribed by law. 

SEC. 157. All cases that may be brought in the Circuit Court 
whereof the Chancery Court has exclusive jurisdiction shall be trans- 
ferred to the Chancery Court. 

SEC. 158. A Circuit Court shall be held in each county at least 
twice in each year, and the judges of said courts may interchange 
circuits with each other in such manner as may be provided by law. 

SEC. 159. The Chancery Court shall have full jurisdiction in the 
following matter and cases, viz : (a) All matters in equity, (b) 
Divorce and alimony, (c) Matters testamentary and of administra- 
tion, (d) Minors' business, (e) Cases of idiocy, lunacy, and persons 
of unsound mind, (f) All cases of which the said court had jurisdic- 
tion under the laws in force when this Constitution is put in operation. 

SEC. 160. And in addition to the jurisdiction heretofore exercised by 
the Chancery Court in suits to try title and to cancel deeds and other 
clouds upon title to real estate, it shall have jurisdiction in such cases 
to decree possession, and to displace possession, to decree rents and 
compensation for improvements and taxes, and in all cases where said 
court heretofore exercised jurisdiction, auxiliary to courts of common 
law, it may exercise such jurisdiction to grant the relief sought, although 
the legal remedy may not have been exhausted or the legal title estab- 
lished by a suit at law. 

SEC. 161. And the Chancery Court shall have jurisdiction concur- 
rent with the Circuit Court of suits on bonds of fiduciaries and public 
officers for failure to account for money or property received or wasted 
or lost by neglect or failure to collect, and of suits involving inquiry 
into matters of mutual accounts ; but if the plaintiff brings his suit in 
the Circuit Court, that court may, on application of the defendant, 
transfer the cause to the Chancery Court, if it appears that the 
accounts to be investigated are mutual and complicated. 

SEC. 162. All causes that may be brought in the Chancery Court 
whereof the Circuit Court has exclusive jurisdiction shall be trans- 
ferred to the Circuit Court. 

SEC. 163. The Legislature shall provide by law for the due certifi- 

16 



370 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

cation of all causes that may be transferred to or from any Chancery 
Court or Circuit Court for such reformation of the pleadings therein 
as may be necessary, and the adjudication of the costs of such transfer. 

SEC. 164. A Chancery Court shall be held in each county at least 
twice in each year. 

SEC. 165. No judge of any court shall preside on the trial of any 
cause when the parties, or either of them, shall be connected with him 
by affinity or consanguinity, or where he may be interested in the same, 
except by the consent of the judge and of the parties. Whenever any 
Judge of the Supreme Court or the Judge or Chancellor of any district 
in this State shall, for any reason, be unable or disqualified to preside 
at any term of court, or in any case where the attorneys engaged 
therein shall not agree upon a member of the bar to preside in his place, 
the Governor may commission another, or others, of law knowledge to 
preside at such term or during such disability or disqualification in the 
place of the judge or judges so disqualified. Where either party shall 
desire, the Supreme Court for the trial of any cause shall be composed 
of three judges. No judgment or decree shall be affirmed by disagree- 
ment of two judges constituting a quorum. 

SEC. 166. The Judges of the Supreme Court, of the Circuit Court, 
and the Chancellors shall receive for their services a compensation to 
be fixed by law, which shall not be increased or diminished during their 
continuance in office. 

SEC. 167. All civil officers shall be conservators of the peace, and 
shall be by law vested with ample power as such. 

SEC. 168. The Clerk of the Supreme Court shall be elected as other 
State officers for the term of four years, and the Clerk^of the Chancery 
Court shall be selected in each county, in the manner provided by law, 
and shall hold office for the term of four years, and the Legislature 
shall provide by law what duties shall be performed during vacation 
by the Clerks of the Circuit and Chancery Courts, subject to the 
approval of the courts. 

SEC. 169. The style of all process shall be " The State of Missis- 
sippi," and all prosecutions shall be carried on in the name and by the 
authority of the " State of Mississippi," and all indictments shall con- 
clude " against the peace and dignity of the State." 

SEC. 170. Each county shall be divided into five districts. A resi- 
dent freeholder of each district shall be selected, in the manner 
prescribed by law, and the five so chosen shall constitute the Board of 
Supervisors of the county, a majority of whom may transact business. 
The Board of Supervisors shall have full jurisdiction over roads, ferries, 
and bridges, to be exercised in accordance with such regulations as the 
Legislature may prescribe, and perform such other duties as may be 
required by law. The Clerk of the Chancery Court of each county 
shall be Clerk of the Board of Supervisors. 

SEC. 171. A competent number of justices of the peace and con- 
stables shall be chosen in each county, in the manner provided by law, 
for each district, who shall hold their office for a term of four years. 
No person shall be eligible to the office of justice of the peace who 
shall not have resided two years in the district next preceding his selec- 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 371 

tion. The jurisdiction of the justices of the peace shall extend to causes 
in which the principal amount in controversy shall not exceed the sum of 
two hundred dollars, and they shall have jurisdiction concurrent with the 
Circuit Court over all crimes whereof the punishment prescribed does 
not extend beyond a fine and imprisonment in the county jail ; but the 
Legislature may confer on the justices of the peace exclusive jurisdic- 
tion in such petty misdemeanors as it shall see proper. In all causes 
tried by a justice of the peace, the right of appeal shall be secured 
under such rules and regulations as shall be prescribed by law, and no 
justice of the peace shall preside at the trial of any cause where he 
may be interested, or the parties either of them shall be connected with 
him by affinity or consanguinity, except by consent of the justice of 
the peace and of the parties. 

SEC. 172. The Legislature shall, from time to time, establish such 
other inferior courts as may be necessary, and abolish the same when- 
ever deemed expedient. 

SEC. 173. There shall be an Attorney-General elected at the same 
time and in the same manner as the Governor is elected, whose term 
of office shall be four years, and whose compensation shall be fixed by 
law. The qualifications for the Attorney-General shall be the same as 
herein prescribed for judges of the Circuit and Chancery Courts. 

SEC. 174. A District Attorney for each Circuit Court district shall 
be selected in the manner provided by law, and whose compensation 
shall be a fixed salary. 

SEC. 175. All public officers, for willful neglect of duty, or misde- 
meanor in office, shall be liable to presentment or indictment by a 
grand jury, and, upon conviction, shall be removed from office, and 
otherwise punished, as may be prescribed by law. 

SEC. 176. No person shall be a member of the Board of Supervisors 
who is not a resident freeholder in the district for which he is chosen. 
The value of real estate necessary to be owned to qualify persons in the 
several counties to be members of said Board, shall be fixed by law. 

SEC. 177. The Governor shall have power to fill any vacancy which 
may happen during the recess of the Senate, in the office of Judge or 
Chancellor, by making a temporary appointment of an incumbent, 
which shall expire at the end of the next session of the Senate, unless 
a successor shall be sooner appointed and confirmed by the Senate. 
When a temporary appointment of a Judge or Chancellor has been 
made during the recess of the Senate, the Governor shall have no power 
to remove the person or appointee, nor power to withold his name from 
the Senate for their action. 

ARTICLE VII. 
Corporations. 

SEC. 178. Corporations shall be formed under general laws only. 
The Legislature shall have power to alter, amend or r epeal any charter 
of incorporation now existing, and revokable, and any that may here- 
after be created, whenever in its opinion it may be for the public interest 
to do so. Provided, however, That no injustice shall be done to the 
stockholders. No charter for any private corporations for pecuniary 
gain shall be granted for a longer period than ninety-nine years. In 



372 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

assessing for taxation the property and franchises of corporations 
having charters for a longer period than ninety-nine years, the increased 
value of such property and franchises arising from such longer duration 
of their charters shall be considered and assessed, but any such corpor- 
ation shall have the right to surrender the excess over ninety-nine years 
of its charter. 

SEC. 179. The Legislature shall never remit the forfeiture of the 
franchise of any corporation now existing, nor alter nor amend the 
charter thereof, nor pass any general nor special law for the benefit of 
such corporation, except upon the condition that such corporation shall 
thereafter hold its charter and franchises subject to the provisions of 
this Constitution, and the reception by any corporation of any provi- 
sion of any such laws, or the taking of any benefit or advantage from 
the same, shall .be conclusively held an agreement by such corpora- 
tion to hold thereafter its charter and franchises under the provisions 
hereof. 

SEC. 180. All existing charters or grants of corporate franchise 
under which organizations have not in good faith taken place at the 
adoption of this Constitution, shall be subject to the provisions of this 
article, and all such charters under which organizations shall not take 
place in good faith and business be commenced within one year from 
the adoption of this Constitution, shall thereafter have no validity ; 
and every charter or grant of corporate franchise hereafter made, shall 
have no validity unless an organization shall take place thereunder 
and business be commenced within two years from the date of such 
charter or grant. 

SEC. 181. The property of all private corporations for pecuniary 
gain shall be taxed in the same way and to the same extent as the 
property of individuals, but the Legislature may provide for the tax- 
ation of banks and banking capital by taxing the shares according to 
the value thereof (augmented by the accumulations, surplus and 
unpaid dividends) exclusive of real estate, which shall be taxed as 
other real estate. Exemptions from taxation to which corporations are 
legally entitled at the adoption of this Constitution, shall remain in 
full force and effect for the time of such exemptions as expressed in 
their respective charters, or by general laws, unless sooner repealed by 
the Legislature, And domestic insurance companies shall not be 
required to pay a greater tax in the aggregate than is required to be 
paid by foreign insurance companies doing business in this State, 
except to the extent of the excess of their ad valorem tax over the priv- 
ilege tax imposed upon such foreign companies, and the Legislature 
may impose privilege taxes on building and loan associations in lieu of 
all other taxes, except on their real estate. 

SEC. 182. The power to tax corporations and their property shall 
never be surrendered or abridged by any contract or grant to which the 
State or any political sub-division thereof may be a party, except that 
the Legislature may grant exemption from taxation in the encourage- 
ment of manufactures and other new enterprises of public utility 
entitled to such exemptions, and shall prescribe the mode and manner 
in which the right to such exemptions shall be determined. 

SEC. 183. No county, city, town or other municipal corporation 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 373 

shall hereafter become a subscriber to the capital stock of any railroad 
or other corporation or association, or make appropriation, or loan its 
credit in aid of such corporation or association. All authority hereto- 
fore conferred for any of the purposes aforesaid by the Legislature or 
by the charter of any corporation, is hereby repealed. Nothing in this 
section contained shall affect the right of any such corporation, 
municipality or county to make such subscription where the same has 
been authorized under laws existing at the time of the adoption of this 
Constitution, and by a vote of the people thereof, had prior to its 
adoption, and where the terms of submission and subscription have 
been or shall be complied with, or to prevent the issue of renewal 
bonds, or the use of such other means as are or may be prescribed by 
law for the payment or liquidation of such subscription, or of any 
existing indebtedness. 

SEC. 184. All railroads which carry persons or property for hire 
shall be public highways, and all railroad companies so engaged shall 
be common carriers. Any company organized for that purpose under 
the laws of the State shall have the right to construct and operate a 
railroad between any points in this State, and to connect at the State 
line with the railroads of other States. Every railroad company shall 
have the right with its road to intersect, connect with, or cross any 
other railroad, and all railroad companies shall receive and transport 
each other's passengers, tonnage and cars, loaded or empty, without 
unnecessary delay or discrimination. 

SEC. 185. The rolling stock belonging to any railroad company or 
corporation in this State shall be considered personal property and shall 
be liable to execution and sale as such. 

SEC. 186. The Legislature shall pass iawsto prevent abuses, unjust 
discrimination and extortion in all charges of express, telephone, sleep- 
ing-car, telegraph and railroad companies, and shall enact laws for the 
supervision of railroads, express, telephone, telegraph, sleeping-car 
companies and other common carriers in this State, by commission or 
otherwise, and shall provide adequate penalties to the extent, if neces- 
sary for that purpose, of forfeiture of their franchises. 

SEC. 187. No railroad hereafter constructed in this State shall pass 
within three miles of any county seat without passing through the 
same and establishing and maintaining a depot therein, unless pre- 
vented by natural obstacles. Provided, Such town or its citizens shall 
grant the right-of-way through its limits and sufficient ground for ordi- 
nary depot ourposes. 

SEC. 188. No railroad or other transportation company shall grant 
free passes or tickets, or passes or tickets at a discount, to members of 
the Legislature, or any State, district, county or municipal officers, 
except Railroad Commissioners. The Legislature shall enact suitable 
laws for the detection, prevention and punishment of violations of 
this provision. 

SEC. 189. All charters granted to private corporations in this State 
shall be recorded in the Chancery Clerk's office of the county in which 
the principal office or place of business of such company shall be lo- 
cated. 



374 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT 

SEC. 190. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the Legislature from taking 
the property and franchises of incorporated companies and subjecting 
them to public use; and the exercise of the police power of the State 
shall never be abridged, or so construed as to to permit corporations to 
conduct their business in such manner as to infringe upon the rights of 
individuals, or the general well-being of the State. 

SEC. 191. The Legislature shall provide for the protection of the 
employes of all corporations doing business in this State, from inter- 
ference with their social, civil, or political rights by said corporations, 
their agents or employes. 

SEC. 192. Provisions shall be made by general laws whereby cities 
and towns may be authorized to aid and encourage the establishment of 
manufactories, gas-works, water-works and other enterprises of public 
utility other than railroads, within the limits of said cities or towns, by 
exempting all property used for such purposes from municipal taxation 
for a period not longer than ten years. 

SEC. 193. Every employe of any railroad corporation shall have 
the same right and remedies for any injury suffered by him from the 
act of omission of said corporation or its employes, where the injury 
results from the negligence of a superior agent or officer, or of a person 
having the right to control or direct the services of the party injured ; 
and also when the injury results from the negligence of a fellow ser- 
vant on another train of cars, or one engaged about a different piece of 
work. Knowledge by any employe injured of. the defective or unsafe 
character or condition of any machinery, ways, or appliances, shall be 
no defense to an action for injury caused thereby, except as to conduct- 
ors or engineers in charge of dangerous or unsafe cars or engines 
voluntarily employed by them. Where death ensues from any injury 
to employes, the legal or personal representatives of the person injured 
shall have the same right and remedies as are allowed by law to such 
representatives of other persons. Any contract or agreement, ex- 
pressed or implied, made by any employe to waive the benefit of this 
section, shall be null and void, and this section shall not be construed 
to deprive any employe of a corporation, or his legal or personal repre- 
sentative, of any right or remedy that he now has by the law of the 
land. The Legislature may extend the remedies herein provided for 
to any other class of employes. 

SEC. 194. The Legislature shall provide by law, that in all elections 
for directors or managers of incorporated companies, every stockholder 
shall have the right to vote in person or by proxy, for the number of 
shares of stock owned by him, for as many persons as there are direct- 
ors or managers to be elected ; or to cumulate said shares, so as to give 
one candidate as many votes as the number of directors, multiplied by 
the number of his shares of stock shall equal, or to distribute them on 
the same principle among as many candidates as he may see fit, and 
such directors or managers shall not be elected in any other manner; 
but no person who is engaged or interested in a competing business, 
either individually or as an employe or stockholder, shall serve on any 
Board of Directors of any corporation without the consent of a majority 
in interest of the stockholders thereof. 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 375 

SEC. 105. Express, telegraph, telephone and sleeping-car companies 
are declared common carriers in their respective lines of business, and 
subject to liability as such. 

SEC. 196. No transportation corporation shall issue stocks or bonds 
except for money, labor done, or in good faith agreed to be done, or 
money or property actually received, and all fictitious increase of stock 
or indebtedness shall be void. 

SEC. 197. The Legislature shall not grant to any foreign corpora- 
tion or association a license to build, operate or lease any railroad in 
this State; but in all cases where a railroad is to be built or operated, 
and the same shall be partly in this State and partly in another State, 
or in other States, the owners or projectors thereof shall first become 
incorporated under the laws of this State. Nor shall any foreign cor- 
poration or association lease or operate any railroad in this State or 
purchase the same, or any interest therein. Consolidation of any rail- 
road lines and corporations in this State with others shall be allowed 
only where the consolidated company shall become a domestic corpora- 
tion of this State. No general or special law shall ever be passed for the 
benefit of any foreign corporation operating a railroad under an existing 
license from this State, or under an existing lease, and no grant of any 
right or privilege, and no exemption from any burden, shall be made to 
any such foreign corporation except upon the condition that the owners 
or stockholders thereof shall first organize a corporation in this State 
under the laws thereof, and shall thereafter operate and manage the 
same, and the business thereof, under said domestic charter. 

SEC. 198. The Legislature shall enact laws to prevent all trusts, 
combinations, contracts and agreements inimical to the public welfare. 

SEC. 199. The term corporation used in this article shall include all 
associations and all joint stock companies for pecuniary gain, having 
privileges not possessed by individuals or partnerships. 

SEC. 200. The Legislature shall enforce the provisions of this article 
by appropriate legislation. 

ARTICLE VIII. 

Education. 
SEC. 201. It shall be the duty of the Legislature to encourage, by 
all suitable means, the promotion of intellectual, scientific, moral, and 
agricultural improvement, by establishing a uniform system of free 
public schools, by taxation or otherwise, for all children between the 
ages of five and twenty-one years, and, as soon as practicable, to 
establish schools of higher grade. 

SEC. 202. There shall be a Superintendent of Public Education 
elected at the same time and in the same manner as the Governor, 
who shall have the qualifications required of the Secretary of State, 
and hold his office for four years, and until his successor shall be 
elected and qualified, who shall have the general supervision of the 
common schools, and of the educational interests of the State, and 
who shall perform such other duties and receive such compensation 
as shall be prescribed by law. 

SEC. 203. There shall be a Board of Education, consisting of the 



37G HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

Secretary of State, the Attorney-General, and the Superintendent of 
Public Education, for the management and investment of the school 
funds, according to law, and for the performance of such other duties 
as may be prescribed. The Superintendent and one other of said 
Board shall constitute a quorum. 

SEC. 204. There shall be a Superintendent of Public Education in 
each county, who shall be appointed by the Board of Education, by 
and with the advice and consent of the Senate, whose term of office 
shall be four years, and whose qualifications, compensation and duties 
shall be prescribed by law ; Provided, That the Legislature shall have 
power to make the office of County School Superintendent of the 
several counties elective, or may otherwise provide for the discharge of 
the duties of County Superintendent, or abolish said office. 

SEC. 205. A public school shall be maintained in each school district 
in the county at least four months during each scholastic year. A 
school district neglecting to maintain its school four months shall be 
entitled to only such part of the free school fund as may be required to 
pay the teacher for the time actually taught. 

SEC. 206. There shall be a common school fund, which shall consist 
of the poll-tax (to be retained in the counties where the same is col- 
lected) and an additional sum from the general fund in the State treas- 
ury, which together shall be sufficient to maintain the common schools 
for the term of four months in each scholastic year. But any county 
or separate school district may levy an additional tax to maintain 
its schools for a longer time than the term of four months. The com- 
mon school fund shall be distributed among the several counties and 
separate school districts in proportion to the number of educable 
children in each, to be determined from data collected through the 
office of the State Superintendent of Education, in the manner to be 
prescribed by law. 

SEC. 207. Separate schools shall be maintained for children of the 
white and colored races. 

SEC. 208. No religious or other sect, or sects, shall ever control any 
part of the school or other educational funds of this State; nor shall 
any funds be appropriated towards the support of any sectarian school ; 
or to any school that at the time of receiving such appropriation is not 
conducted as a free school. 

SEC. 209. It shall be the duty of the Legislature to provide by law 
for the support of institutions for the education of the deaf, dumb, and 
blind. 

SEC. 210. No public officer of this State, or of any district, county, 
city or town thereof, nor any teacher or trustee of any public school, 
shall be interested in the sale, proceeds or profits of any books, appa- 
ratus or furniture to be used in any public school in this State. Penal- 
ties shall be provided by law for the violation of this section. 

SEC. 211. The Legislature shall enact such laws as maybe neces- 
sary to ascertain the true condition of the title to the sixteenth sections 
of lands in this State, or land granted in lieu thereof, in the Choctaw 
purchase, and shall provide that the sixteenth section lands reserved 
for the support of township schools shall not be sold, nor shall they 



{CONSTITUTION OF THE STATE OF MISSISSIPPI. 377 

be leased for a longer term than ten years for a gross sum ; but the 
Legislature may provide for the lease of any of said lands for a term 
not exceeding twenty-five years for a ground rental, payable annually, 
and, in case of uncleared lands, may lease them for such short term as 
may be deemed proper in consideration of the improvement thereof, 
with right thereafter to lease for a term or to hold on payment of 
ground-rent. 

SEC. 212. The rate of interest on the fund known as the Chickasaw 
School Funds, and other trust funds for educational purposes, for which 
the State is responsible, shall be fixed and remain as long as said 
funds are held by the State, at six per centum per annum, from and 
after the close of the fiscal year A. D. 1891, and the distribution of 
said interest shall be made semi-annually on the first of May and 
November of each year. 

SEC. 213. The State having received and appropriated the land 
donated to it for the support of agricultural and mechanical colleges, 
by the .United States, and having, in furtherance of the beneficent 
design of Congress in granting said land, established the Agricultural 
and Mechanical College of Mississippi, and the Alcorn Agricultural 
and Mechanical College, it is the duty of the State to sacredly carry 
out the conditions of the act of Congress upon the subject, approved 
July 2, A. D. 1862, and the Legislature shall preserve intact the 
endowments to, and support, said colleges. 

ARTICLE IX. 

Militia. 

SEC. 214. All able-bodied male citizens of the State between the 
ages of eighteen and forty-five years shall be liable to military duty in 
the militia of this State, in such manner as the Legislature may provide. 

SEC. 215. The Legislature shall provide for the organizing, arming, 
equipping and disciplining of the militia, and for paying the same when 
called into active service. 

SEC. 216. All officers of militia, except non-commissioned officers, 
shall be appointed by the Governor, by and with the consent of the 
Senate, or elected, as the Legislature may determine, and no commis- 
sioned officer shall be removed from office except by the Senate, on 
suggestion of the Governor, stating the ground on which such removal 
is recommended, or by the decision of the court-martial, pursuant to 
law, or at his own request. 

SEC. 217. The Governor shall be Commander-in-Chief of the 
militia, except when it is called into the service of the United States, 
and shall have power to call forth the militia to execute the laws, repel 
invasion, and to suppress riots and insurrections. 

SEC. 218. The Governor shall nominate, and, with the consent of 
the Senate, commission one Major-General for the State, who shall be 
a citizen thereof, and also one Brigadier-General from each Congres- 
sional district, who shall be a resident of the district for which he shall 
be appointed, and each district shall constitute a militia division. 

SEC. 219. The Adjutant-General and other staff officers to the 
Commander-in-Chief shall be appointed by the Governor, and their 



378 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

appointment shall expire with the Governor's term of office, and the 
Legislature shall provide by law a salary for the Adjutant-General, 
commensurate with the duties of said office. 

SEC. 220. The militia shall be exempt from arrest during their 
attendance on musters, and in going to and returning from the same, 
except in case of treason, felony, or breach of the peace. 

SEC. 221. The Legislature is hereby required to make an annual 
appropriation for the efficient support and maintenance of the Missis- 
sippi National Guard, which shall consist of not less than one hundred 
men for each Senator and Representative to which this State may be 
entitled in the Congress of the United States ; but no part of such 
funds shall be used in the payment of said guard except when in 
actual service. 

SEC. 222. The Legislature shall empower the Board of Supervisors 
of each county in the State to aid in supporting a military company or 
companies of the Mississippi National Guard, within its borders, under 
such regulations, limitations, and restrictions as may be prescribed by 
law. 

ARTICLE X. 

The Penitentiary and Prisons. 

SEC. 223. No penitentiary convict shall ever be leased or hired to 
any person or persons, or corporation, private or public, or quasi-public 
or Board, after December 31, A. D. 1894, save as authorized in the 
next section ; nor shall any previous lease or hiring of convicts extend 
beyond that date, and the Legislature shall abandon the system of 
said leasing or hiring as much sooner than the date mentioned as may 
be consistent with the economic safety of the State. 

SEC. 224. The Legislature may authorize the employment, under 
State supervision and the proper officers and employes of the State, of 
convicts on public roads or other public works, or by any Levee Board 
on any public levees, under such provisions and restrictions as it may 
from time to time see proper to impose ; but said convicts shall not be 
let or hired to any contractors under said Board, nor shall the working 
of convicts on public roads or public works or by any Levee Board, 
ever interfere with the preparation for, or the cultivation of, any crop 
which it may be intended shall be cultivated by the said convicts, nor 
interfere with the good management of the State farm, nor put the 
State to any expense. 

SEC. 225. The Legislature may place the convicts on a State farm 
or farms, and have them worked thereon under State supervision ex- 
clusively, in tilling the soil or manufacturing, or both, and may buy 
farms for that purpose. It may establish a reformatory school or 
schools, and provide for keeping of juvenile offenders from association 
with hardened criminals. It may provide for the commutation of the 
sentence of convicts for good behavior, and for the constant separation 
of the sexes, and for the separation of the white and black convicts as 
far as practicable, and for religious worship for the convicts. 

SEC. 226. Convicts sentenced to the county jail shall not be hired 
or leased to any person or corporation outside the county of their con- 
viction after the first day of January, A. D. 1893, nor for a term which 
shall extend beyond that date. 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 379 

ARTICLE XI. 

Levees. 

SEC. 227. A levee system shall be maintained in the State as pro- 
vided in this article. 

SEC. 228. The division heretofore made by the Legislature of the 
alluvial land of the State into two levee districts, viz. : The Yazoo- 
Mississippi Delta Levee District, and the Mississippi Levee District, as 
shown by the laws creating the same, and the amendments thereto, is 
hereby recognized, and said district shall so remain until changed by 
law, but the Legislature may hereafter add to either of said districts any 
other alluvial land in the State. 

SEC. 229. There shall be a Board of Levee Commissioners for the 
Yazoo-Mississippi Delta Levee District, which shall consist of two 
members from each of the counties of Coahoma and Tunica, and 
one member from each of the remaining counties or parts of counties 
now or hereafter embraced within the limits of said district, and the 
Governor may appoint a stockholder in the Louisville, New Orleans 
& Texas Railway Company as an additional commissioner; and 
there shall also be a Board of Levee Commissioners for the Mississippi 
Levee District, which shall consist of two members from each of the 
counties of Bolivar and Washington, and one from each of the counties 
of Issaquena and Sharkey. In the event of the formation of a new 
county or counties out of the territory embraced in either or both of 
said levee districts, such new counties shall each be entitled to repre- 
sentation and membership in the proper Board or Boards. 

SEC. 230. All of said commissioners shall be qualified electors of 
the respective counties or parts of counties from which they may be 
chosen, except the one selected for the Louisville, New Orleans & 
Texas Railway Company; and the Legislature shall provide that 
they shall each give bond for the faithful performance of his duties, 
and shall fix the penalty thereof ; but the penalty of such bond in no 
instance shall be fixed at less than $10,000, and the sureties thereon 
shall be freeholders of the district. 

SEC. 231. When the terms of the present Levee Commissioners 
shall expire, or whenever a vacancy shall occur or be about to occur 
in either of said Boards, the Governor shall make appointments to fill 
vacancies, subject to the confirmation of the Senate. The terms of 
office of said commissioners shall remain as provided by law at the 
adoption of this Constitution, but this provision shall not require the 
appointment of a commissioner for the Louisville, New Orleans & 
Texas Railway Company, except in the discretion of the Governor as 
provided. 

SEC. 232. The commissioners of said levee districts shall have 
supervision of the erection, repair and maintenance of levees in their 
respective districts. 

SEC. 233. The Levee Boards shall have, and are hereby granted, 
authority and full power to appropriate private property in their 
respective districts for the purpose of constructing, maintaining, and 
repairing levees therein ; and when any owner of land, or any other 
person interested therein, shall object to the location or building of the 



380 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

levee thereon, or shall claim compensation for any that may be taken, 
or for any damages he may sustain in consequence thereof, the Presi- 
dent or other proper officer or agent of such Levee Board, or owner of 
such land, or other person interested therein, may forthwith apply for 
an assessment of the damages to which said person claiming the same 
may be entitled; whereupon the proceedings as now provided by law 
shall be taken, viz. : In the Mississippi Levee District, in accordance 
with the terms and provisions of Section 3 of an act entitled " An act 
to amend an act to incorporate the Board of Levee Commissioners for 
Bolivar, Washington, and Issaquena counties, and for other purposes," 
approved November 27, A. D. 1865, and to revise acts amendatory 
thereof, approved March 13, A. D. 1884; and in the Yazoo-Mississippi 
Delta Levee district, in accordance with the terms and provisions of 
Section 3 of an act entitled " An act to incorporate the Board of Levee 
Commissioners for the Yazoo-Mississippi Delta, and for other pur- 
poses," approved February 28, A. D. 1884, and the amendments 
thereto ; but the Legislature shall have full power to alter and amend 
said several acts, and to provide different manners of procedure. 

SEC. 234. No bill changing the boundaries of the district or affect- 
ing the taxation or revenue of the Yazoo-Mississippi Delta Levee Dis- 
trict, or the Mississippi Levee District, shall be considered by the 
Legislature unless said bill shall have been published in some news- 
paper in the county in which is situated the domicile of the Board of 
Levee Commissioners of the levee district to be affected thereby, 
for four weeks prior to the introduction thereof into the Legislature, 
and no such bill shall be considered for final passage by either the 
Senate or House of Representatives, unless the same shall have 
teen referred to, and reported on, by an appropriate committee of 
each House in which the same may be pending ; and no such com- 
mittee shall consider or report on any such bill unless publication 
thereof shall have been made as aforesaid. 

SEC. 235. Each Levee Board shall make at the end of each fiscal 
year, to the Governor of this State, a report showing the condition of 
the levees, and recommending such additional legislation on the subject 
of the system as shall be thought necessary, and showing the receipts 
and t expendituies of the Board, so that each item, the amount and con- 
sideration therefor, shall distinctly appear, together with such other 
matters as it shall be thought proper to call to the attention of the 
Legislature. 

SEC. 236. The Legislature shall impose for levee purposes, in addi- 
tion to levee taxes heretofore levied or authorized by law, a uniform tax 
of not less than two nor more than five cents an acre, per annum, upon 
every acre of land now or hereafter embraced within the limits of 
either, or both, of said levee districts. The taxes so derived shall be 
paid into the treasury of the Levee Board of the district in which the 
land charged with the same is situated, and the Legislature, by the act 
imposing said tax, shall authorize said Levee Boards to fix the annual 
rate of taxation per acre within the limits aforesaid, and thereby require 
said Levee Boards, whenever a reduction is made by them in their other 
taxes, to make a proportionate reduction in the acreage tax hereinbefore 
mentioned ; but said acreage tax shall not be reduced below two cents 
an acre per annum, and all reductions in such taxations shall be uni- 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 381 

form in each of said districts ; but the rate of taxation need not be the 
same in both of them, and such specific taxes shall be assessed on the 
same assessment roll and collected under the same penalties as the 
ad valorem taxes for levee purposes, and shall be paid at the same time 
with the latter. And no Levee Boards shall ever be permitted to buy 
lands when sold for taxes, but the State shall have a prior lien for the 
taxes due thereto. The Leglislature may provide for the discontinu- 
ance of the tax on cotton, but not in such a manner as to affect outstand- 
ing bonds based on it ; and, on the discontinuance of the tax on cotton, 
shall impose another tax in lieu thereof, but the Legislature may repeal 
the acreage tax required to be levied hereby after the first day of 
January, A. D. 1895. 

SEC. 237. The Legislature shall have full power to provide such 
system of taxation for said levee districts as it shall from time to time 
deem wise and proper. 

SEC. 238. No property situated between the levee and the Missis- 
sippi river shall be taxed for levee purposes, nor shall damage be paid 
to any owner of land so situated because of it being left outside a levee. 

SEC. 239. The Legislature shall require the Levee Boards to publish 
at each of their sessions an itemized account embracing their respective 
receipts since the prior session, and such appropriations as have been 
made or ordered by them respectively, in some newspaper or news- 
papers of the district. 

ARTICLE XII. 

Franchise. 

SEC. 240. All elections by the people shall be by ballot. 

SEC. 241. Every male inhabitant of this State, except idiots, insane 
persons, and Indians not taxed, who is a citizen of the United States, 
twenty-one years old and upward, who has resided in this State two 
years, and one year in the election district, or in the incorporated city or 
town in which he offers to vote, and who is duly registered, as provided 
in this article, and who has never been convicted of bribery, burglary, 
theft, arson, obtaining money or goods under false pretenses, perjury, 
forgery, embezzlement or bigamy, and who has paid on or before the 
first day of February of the year in which he shall offer to vote, all 
taxes which may have been legally required of him, and which he has 
had an opportunity of paying according to law, for the two preceding 
years, and who shall produce to the officers holding the election satis- 
factory evidence that he has paid said taxes, is declared to be a qualified 
elector; but any of the ministers of the Gospel in charge of an organized 
church shall be entitled to vote after six months' residence in the elec- 
tion district, if otherwise qualified. 

SEC. 242. The Legislature shall provide by law for the registration 
of all persons entitled to vote at any election ; and all persons offering 

to register shall take the following oath or affirmation : " I, , 

do solemnly swear (or affirm) that I am twenty-one years old (or I will 
be before the next election in this county), and that 1 will have resided 

in this State two years, and election district of county, 

one year next preceding the ensuing election (or if it be stated in the 
oath that the person proposing to register is a minister of the Gospel in 



382 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

charge of an organized church, then it will be sufficient to aver therein 
two years' residence in the State and six months in said election dis- 
trict), and am now in good faith a resident of the same, and that I am 
not disqualified from voting by reason of having been convicted of any 
crime named in the Constitution of this State as a disqualification to 
be an elector; that I will truly answer all questions propounded to me 
concerning my antecedents so far as they relate to my right to vote, and 
also as to my citizenship in this district; that I will faithfully support 
the Constitution of the United States and of the State of Mississippi, 
and will bear true faith and allegiance to the same. So help me God." 
In registering voters in cities and town, not wholly in one election dis- 
trict, the name of such city or town may be substituted in the oath for 
the election district. Any willful and corrupt false statement in said 
affidavit or in answer to any material question propounded as herein 
authorized, shall be perjury. 

SEC. 243. A uniform poll tax of two dollars, to be used in aid of the 
common schools, and for no other purpose, is hereby imposed on every 
male inhabitant of this State, between the ages of twenty-one and sixty 
"years, except persons who are deaf and dumb, or blind, or who are 
maimed by loss of hand or foot, said tax to be a lien only upon taxable 
property. The Board of Supervisors of any county may, for the pur- 
pose of aiding the common schools in that county, increase the poll tax 
in said county ; but in no case shall the entire poll tax exceed in any 
one year three dollars in each poll. No criminal proceeding shall be 
allowed to enforce the collection of the poll tax. 

SEC. 244. On and after the first day of January, A. D. 1892, every 
elector shall, in addition to the foregoing qualifications, be able to read 
any section of the Constitution of this State, or he shall be able to 
understand the same when read to him, or give a reasonable interpreta- 
tion thereof. A new registration shall be made before the next ensuing 
election after January the 1st, A. D. 1892. 

SEC. 245. Electors in municipal elections shall possess all the qual- 
ifications herein prescribed, and such additional qualifications as may 
be provided by law. 

SEC. 246. Prior to the first day of January, A. D. 1896, the elec- 
tions by the people in this State shall be regulated by an ordinance of 
this Convention. 

SEC. 247. The Legislature shall enact laws to secure fairness in 
party primary elections, conventions or other methods of naming 
party candidates. 

SEC. 248. Suitable^ remedies, by appeal or otherwise, shall be pro- 
vided by law, to correct illegal or improper registration, and to secure 
the elective franchise to those who may be illegally or improperly 
denied the same. 

SEC. 249. No one shall be allowed to vote for members of the 
Legislature or other officers who has not been duly registered under 
the Constitution and laws of this State, by an officer of this State 
legally authorized to register the voters thereof. And registration under 
the Constitution and laws of this State is hereby declared to be an 
essential and necessary qualification to vote at any and all elections. 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 383 

SEC. 250. All qualified electors, and no others, shall be eligible to 
office, except as otherwise provided in this Constitution. 

SEC. 251. Electors shall not be registered within four months next 
before any election at which they may offer to vote ; but appeals may 
be heard and determined, and revision take place, at any time prior to 
the election ; and no person who, in respect to age and residence, 
would become entitled to vote within the said four months, shall be 
excluded from registration on account of his want of qualification at 
the time of registration. 

SEC. 252. The term of office of all elective officers under this Con- 
stitution shall be four years, except as otherwise provided herein. A 
general election for all elective officers shall be held on the Tuesday 
next after the first Monday of November, A. D. 1895, and every four 
(4) years thereafter; provided, the Legislature may change the day 
and date of general elections to any day and date in October, Novem- 
ber or December. 

SEC. 253. The Legislature may, by a two-thirds vote of both Houses, 
of all members elected, restore the right of suffrage to any person 
disqualified by reason of crime ; but the reasons therefor shall be spread 
upon the journals, and the vote shall be by yeas and nays. 

Article XIII, being on the Apportionment of Counties simply, is 
omitted. 

ARTICLE XIV. 

General Provisions. 

SEC. 257. The political year of the State of Mississippi shall com- 
mence on the first Monday of January in each year. 

SEC. 258. The credit of the State shall not be pledged or loaned in 
aid of any person, association or corporation; and the State shall not 
become a stockholder in any corporation or association, nor assume, 
redeem, secure or pay any indebtedness or pretended indebtedness 
alleged to be due by the State of Mississippi, to any person, association, 
or corporation, whatever, claiming the same as owners, holders, or 
assignees of any bond or bonds now generally known as " Union 
Bank " bonds and " Planters' Bank" bonds. 

SEC. 259. No county seat shall be removed unless such removal be 
authorized by two-thirds of the electors of the county voting therefor; 
but when the proposed removal shali be toward the center of the 
county, it may be made when a majority of the electors participating 
in the election shall vote therefor. 

SEC. 260. No new county shall be formed unless a majority of the 
qualified electors voting in each part of the county or counties proposed 
to be dismembered and embraced in the new county, shall separately 
vote therefor ; nor shall the boundary of any judicial district in a county 
be changed unless at an election held for that purpose, two-thirds of 
those voting assent thereto. The elections provided for in this and the 
section next preceding shall not be held in any county oftener than 
once in four years. No new county shall contain less than four hun- 
dred square miles, nor shall any existing county be reduced below that 
size. 



384 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 

SEC. 261. The expenses of criminal prosecutions, except those 
before justices of the peace, shall be borne by the county in which such 
prosecutions shall be begun ; and all net fines and forfeitures shall be 
paid into the treasury of such county. Defendants in cases of convic- 
tion may be taxed with the costs. 

SEC. 262. The Board of Supervisors shall have power to provide 
homes or farms as asylums for those persons who, by reason of age, 
infirmity, or misfortune, may have claims upon the sympathy and aid 
of society, and the Legislature shall enact suitable laws to prevent 
abuses by those having the care of such persons. 

SEC. 263. The marriage of a white person with a negro or mulatto, 
or person who shall have one-eighth or more of negro blood, shall be 
unlawful and void. 

SEC 264. No person shall be a grand or petit juror unless a quali- 
fied elector and able to read and write; but the want of any such 
qualifications in any juror shall not vitiate any indictment or verdict. 
The Legislature shall provide by law for procuring a list of persons so 
qualified, and the drawing therefrom of grand and petit jurors for each 
term of the Circuit Court. 

SEC. 265. No person who denies the existence of a Supreme Being 
shall hold any office in this State. 

SEC. 266. No person holding or exercising the rights or powers of 
any office of honor or profit, either in his own right, or as a deputy, or 
while otherwise acting for or in the name, or by the authority of 
another, under any foreign government, or under the government of 
the United States, shall hold or exercise in any way the rights and 
powers of any office of honor or profit under the laws or authority 
of this State, except Notaries, Commissioners of Deeds and United 
States Commissioners. 

SEC. 267. No person elected or appointed to any office or employ- 
ment of profit under the laws of this State, or by virtue of any 
ordinance of any municipality of this State, shall hold such office or 
employment without personally devoting his time to the performance 
of the duties thereof. 

SEC. 268. All officers elected or appointed to any office in this State, 
except judges and members of the Legislature, shall, before entering 
upon the discharge of the duties thereof, take and subscribe the follow- 
ing oath : "I , do solemnly swear (or affirm) that I will 

faithfully support the Constitution of the United States and the Con- 
stitution of the State of Mississippi, and obey the laws thereof ; that I 

am not disqualified from holding the office of ; that I will 

faithfully discharge the duties of the office upon which I am about to 
enter. So help me God." 

SEC. 269. Every devise or bequest of lands, tenements or heredita- 
ments, or any interest therein, of freehold, or less than freehold, either 
present or future, vested or contingent, or of any money directed to'be 
raised by the sale thereof, contained in any last will and testament, or 
codicil, or other testamentary writing, in favor of any religious or 
ecclesiastical corporation, sole or aggregate, or any religious or eccle- 
siastical society, or to any B person or body.politic in trust, either express 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 385 

or implied, secret or resulting, either for the use and benefit of such 
religious corporation, society, denomination or association, or for the 
purpose of being given or appropriated to charitable uses or purposes, 
shall be null and void, and the heir-at-law shall take the same property 
so devised or bequeathed as though no testamentary disposition had 
been made. 

SEC. 270. Every legacy, gift or bequest of money or personal prop- 
erty, or of any interest, benefit or use therein, either direct, implied, or 
otherwise contained in any last will and testament or codicil, in favor 
of any religious or ecclesiastical corporation, sole or aggregate, or any 
religious or ecclesiastical society, or to any religious denomination or 
association, either for its own use or benefit, or for the purpose of being 
given or appropriated to charitable uses, shall be null and void, and the 
distributees shall take the same as though no such testamentary dispo- 
sition had been made. 

SEC. 271. The Legislature may provide for the consolidation of ex- 
isting counties, if a majority of the qualified electors of such counties 
voting at an election held for that purpose, shall vote therefor. 

SEC. 272. The Legislature shall provide by law pensions fer indigent 
soldiers and sailors who enlisted and honorably served in the Con- 
federate army or navy in the late Civil war, who are now resident in 
this State, and are not able to earn a support by their own labor. 
Pensions shall also be allowed to the indigent widows of such soldiers 
or sailors now dead, when from age or disease they can not earn a sup- 
port. Pensions shall also be allowed to the wives of such soldiers or 
sailors upon the death of the husband, if disabled and indigent as afore- 
said. Pensions granted to widows shall cease upon their subsequent 
marriage. 

ARTICLE XV. 

Amendments to the Constitution. 
SEC. 273. Whenever two-thirds of each house of the Legislature 
shall deem any change, alteration, or amendment necessary to this 
Constitution, such proposed change, alteration, or amendment shall be 
read and passed by a two-thirds vote of each house respectively, on 
each day for three several days. Public notice shall then be given by 
the Secretary of State, at least three months preceding an election at 
which the qualified electors shall vote directly for or against such 
change, alteration, 0/ amendment; and if more than one amendment 
shall be submitted at one time, they shall be submitted in such manner 
and form that the people may vote for or against each amendment sepa- 
rately ; and if it shall appear that a majority of the qualified electors 
voting shall have voted for the proposed change, alteration, or amend- 
ment, then it shall be inserted by the next succeeding Legislature as a 
part of this Constitution, and not otherwise. 



386 HISTORY OF MISSISSIPPI AND CIVIL GOVERNMENT. 



SCHEDULE. 

That no inconvenience may arise from the changes in the Constitu- 
tion of this State, and in order to carry the new Constitution into 
complete operation, it is hereby declared that : 

SEC. 274. The laws of this State now in force, not repugnant to 
this Constitution, shall remain in force until amended or repealed by 
the Legislature or until they expire by limitation. All statute laws of 
this State repugnant to the provisions of this Constitution, except as 
provided in the next three sections, shall continue and remain in force 
until the first day of April, A. D. 1892, unless sooner repealed by the 
Legislature. 

SEC. 275. All laws of this State which are repugnant to the follow- 
ing portions of this Constitution shall be repealed by the adoption of 
this Constitution, to-wit, laws repugnant to : (a) All the ordinances 
of this convention, (b) The provisions of Section 183, prohibiting 
counties, cities and towns from voting subscriptions to railroad and 
other corporations or associations, (c) The provisions of Sections 
223 to 226, inclusive, of Article X, prohibiting the leasing of peniten- 
tiary convicts. 

SEC. 276. All laws of the State which are repugnant to the provis- 
ions of Sections 240 to 253, inclusive, of Article XII., on the subject of 
franchise and elections, shall be and remain in force until the first day 
of January, A. D. 1891, and no longer. 

SEC. 277. All laws of this State which are repugnant to the provis- 
ions of Article XIII., Sections 254 to 256, inclusive, on the subject of 
the Apportionment of Representatives and Senators in the Legislature, 
shall be and remain in force until the first of October, A. D. 1891, but 
no longer. 

SEC. 278. The Governor shall, as soon as practicable, appoint three 
suitable persons, learned in the law, as commissioners, whose duty it 
shall be to prepare and draft such general laws as are contemplated in 
this Constitution, and such other laws as shall be necessary and proper 
to put into operation the provisions thereof, and as may be appropriate 
to conform the general statutes of the State to the Constitution. Said 
commissioners shall present the same when prepared to the Legisla- 
ture at its next regular session. And the Legislature shall provide 
reasonable compensation therefor. 

SEC. 279. All writs, actions, causes of action, proceedings, prose- 
cutions, and rights of individuals and bodies corporate, and of the 
State, and charters of incorporation, shall continue ; and all indictments 
which shall have been found, or which shall hereafter be found, and all 
prosecutions begun, or that may be begun, for any crime or offense 
committed before the adoption of this Constitution, may be proceeded 
with and upon as if no change had taken place. 

SEC. 280. For the trial and determination of all suits, civil and 
criminal, begun before the adoption of this Constitution, the several 
courts of this State shall continue to exercise in said suits the power 
and jurisdictions heretofore exercised by them ; for all other matters 



CONSTITUTION OF THE STATE OF MISSISSIPPI. 387 

said courts are continued as organized courts under this Constitution, 
with such powers and jurisdiction as is herein conferred on them 
respectively. 

SEC. 281. All fines, penalties, forfeitures, and escheats accruing to 
the State of Mississippi under the Constitution and laws heretofore in 
force shall accrue to the use of Mississippi under this Constitution, 
except as herein otherwise provided. 

SEC. 282. All recognizances, bonds, obligations, and all other 
instruments entered into or executed before the adoption of this Con- 
stitution, to the State of Mississippi, or to any State, county, public or 
municipal officer or body, shall remain binding and valid, and the 
rights and liabilities upon the same shall be continued, and may be 
prosecuted as provided by law. 

SEC 283. All crimes and misdemeanors and penal actions shall be 
tried, prosecuted, and punished as though no change had taken place, 
until otherwise provided by law. 

SEC. 284. All officers, State, district, county, and municipal, now in 
office in this State, shall be entitled to hold the respective offices now 
held by them, except as herein otherwise provided, and until the expi- 
ration of the time for which they were respectively elected or appointed, 
and shall receive the compensation and fees now fixed by the statute 
laws in force when this Constitution is adopted. 

SEC. 285. The adoption of this Constitution shall not have the 
effect, nor shall it be construed, to revive or put in force any law here- 
tofore abrogated or repealed. 




9 66 



